The Board has remanded the case due to errors related to accrued benefits and substitution for aid and attendance claim. The Appellant's request for substitution is pending, and further development is needed before a decision can be made on her accrued benefits claim.
The deciding factor: The Board found that there was an error in adjudicating the SMC claim based on aid and attendance as pending at the time of the Veteran's death. The Appellant's request for substitution is also pending, and further development is needed to address this issue before a decision can be made.
- Claimed conditions
- Traumatic Brain Injury, Dementia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2024
- Citation
- 24009750
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 24009750.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Granted
The Veteran's PTSD with cognitive impairment or dementia was rated at 50 percent from July 11, 2005 to March 4, 2021. From March 4, 2021, the Veteran's condition was rated at 100 percent.
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