The Board has determined that the VA did not fulfill its duty to assist in obtaining a retrospective medical opinion regarding the Veteran's loss of use of bilateral lower extremities and his need for regular aid and attendance. The cases are therefore remanded.
The deciding factor: VA failed to obtain an adequate retrospective opinion addressing the earliest date from which no effective function remained other than that which would be equally well-served by amputation with a suitable prosthetic appliance, as required in prior remand directives.
- Claimed conditions
- Loss of use of bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065762
Veterans Law Judge
Decisions by this judge: 1,863 · Granted: 26% (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 A24065762.
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.
- Granted
The Board has granted an effective date of August 3, 2021 for the award of special monthly compensation (SMC) at the (r)(1) rate based on the Veteran's need for aid and attendance due to his disabilities.
- Remanded (sent back)
The Board has remanded the case due to errors in notification and medical evaluation, as well as a need for an updated medical opinion regarding personal care services needs.
- Granted
The Veteran's adult child, K.M.G., is awarded an effective date of September 27, 2012, for additional dependency compensation due to the establishment of a rating in the percentage specified by law for that purpose.
- Remanded (sent back)
The Board has remanded the case due to a need for additional development regarding whether the Veteran's impairment of bilateral lower extremities constitutes 'loss of use' as defined by VA regulations. The remand requires obtaining a medical opinion on the level of functional impairment and comparing it to what would be achieved with amputation stumps at the site of election below the knees with suitable prosthetic appliances.
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