The claims for eligibility for specially adapted housing and a special home adaptation grant are being remanded to correct a duty to assist error.
The deciding factor: The examination report was inadequate, as it did not provide an opinion addressing all matters necessary for the Board to proceed, particularly the question of whether the Veteran is permanently and totally disabled due to service-connected loss of use of an extremity or extremities, including the hands.
- Claimed conditions
- major depressive disorder with other specified trauma and stressor related disorders, degenerative arthritis with intervertebral disc syndrome, thoracolumbar spine, middle radicular group radiculopathy, right upper extremity, vascular headaches, migraine type, middle radicular group radiculopathy, left upper extremity, degenerative disc disease, cervical spine, C6-7, with intervertebral disc disease status post anterior compression and fusion surgery, sciatic radiculopathy, left lower extremity, sciatic radiculopathy, right lower extremity, tinnitus, hemorrhoids, painful scar status post cervical spine surgery, gastroesophageal reflux, bilateral hearing loss, varicose veins, right lower extremity, varicose veins, left lower extremity, erectile dysfunction, scar status post cervical spine surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073856
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 service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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