The Veteran's claim for SMC based on the need for regular aid and attendance is remanded due to pre-decisional duty to assist errors. The AOJ needs to obtain a VA examination to clarify whether his service-connected disabilities cause him to require the need for regular aid and attendance of another.
The deciding factor: The Board found that there was a pre-decisional duty to assist error in not obtaining a VA examination prior to the May 2022 rating decision, which is necessary to determine if the Veteran's service-connected disabilities cause him to require the need for regular aid and attendance of another person.
- Claimed conditions
- PTSD, sleep apnea, tinnitus, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 3, 2024
- Citation
- A24063293
Veterans Law Judge
Decisions by this judge: 1,113 · Granted: 47% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation A24063293.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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