The Board remands the case to correct a pre-duty to assist regulatory error which has a reasonable possibility of substantiating the claim for specially adapted housing or special home adaptation grant.
The deciding factor: The AOJ failed to make a factual determination as to whether the Veteran has permanent and total service-connected disability, which is a prerequisite for entitlement to the sought benefits.
- Claimed conditions
- Loss of use of both lower extremities
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062904
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 remands the claim for further development to determine if the Veteran is entitled to special monthly compensation based on loss of use of a creative organ or extremity, and to consider additional functional impairments in relation to the claim.
- Granted
The Veteran's service-connected disabilities preclude locomotion without the aid of assistive devices, and he is granted entitlement to specially adapted housing.
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