The Board has decided to remand the case due to a pre-decisional error in obtaining a VA aid and attendance examination, which is necessary to determine if the Veteran requires regular aid and attendance of another individual solely on account of his service-connected disabilities.
The deciding factor: The AOJ failed to obtain a VA aid and attendance examination, which was necessary to determine if the Veteran required regular aid and attendance due to his service-connected disabilities.
- Claimed conditions
- upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2024
- Citation
- A24056717
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 A24056717.
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.
- Partly granted
The Veteran's appeal of his right ear hearing loss claim is dismissed. His claims for tinnitus, pseudofolliculitis barbae, and several other conditions are granted. The remaining claims are remanded.
- Dismissed
The Board has dismissed the Veteran's claim for service connection for lumbar spine disability as moot because it was already granted in a separate appeal. The upper extremity radiculopathy claim is being remanded due to a duty to assist error.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error and the need for additional medical opinions regarding the Veteran's employability.
- Remanded (sent back)
The Board finds that the Veteran is in need of personal care services for a minimum of six continuous months due to an inability to complete ADLs such as bathing, dressing himself, and toileting.
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