The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance is remanded due to a pre-decisional duty to assist error. The Board requires an adequate VA examination to clarify whether the Veteran's service-connected disabilities cause him to require the aid and attendance of another.
The deciding factor: The decision was remanded because there was a failure to consider evidence submitted after the initial decision, which could not be considered by the Board due to procedural limitations. The Veteran needs an adequate VA examination to determine if his service-connected disabilities render him helpless or housebound.
- Claimed conditions
- Sleep Apnea, Posttraumatic Stress Disorder with Alcohol Dependence, Lumbar Spine Strain, Bilateral Plantar Fasciitis, Left Lower Extremity Radiculopathy Sciatic Nerve (associated with Lumbar Spine Strain), Right Lower Extremity Radiculopathy Sciatic Nerve (associated with Lumbar Spine Strain), Left Lower Extremity Radiculopathy Femoral Nerve (associated with Lumbar Spine Strain), Right Lower Extremity Radiculopathy Femoral Nerve (associated with Lumbar Spine Strain), Status Post Right Elbow Surgery with Cubital Tunnel Syndrome, Tinnitus, Painful Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2024
- Citation
- A24027213
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 A24027213.
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 Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
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