The Board has remanded the case due to a claim for special monthly compensation (SMC) based on housebound status. The Veteran's service-connected disabilities do not meet the criteria for SMC under 38 U.S.C. § 1114(s), prior to August 10, 2022. However, the Board found that VA's duty to assist requires an examination to determine if the Veteran is housebound due to his service-connected disabilities.
The deciding factor: The Veteran does not meet the criteria for SMC under 38 U.S.C. § 1114(s) prior to August 10, 2022, as he does not have a single 100% rated disability and his combined service-connected disability rating is below the threshold required.
- Claimed conditions
- Prostate cancer, Arteriosclerotic heart disease, Sleep apnea, Left knee instability, Right knee partial meniscectomy with arthritis, Spondylosis of the cervical spine, Right knee internal derangement syndrome, Peptic ulcer disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- 24032837
Veterans Law Judge
Decisions by this judge: 2,645 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24032837.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Granted
The Veteran's arteriosclerotic heart disease is rated at 100% effective October 25, 2024. His prostate cancer residuals are rated at 60% effective October 25, 2024.
- Granted
The Board has granted the Veteran's claim for payment or reimbursement of ambulance travel expenses incurred on June 17, 2025 due to an emergency heart attack. The ambulance service was provided by a volunteer organization and later intercepted by a higher-tier EMT company.
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