The Board remands the claim for special monthly compensation based on the need of regular aid and attendance due to a pre-decisional duty-to-assist error, as recent evidence suggests a worsening of service-connected disabilities.
The deciding factor: Recent evidence of a worsening of the Veteran's service-connected disabilities triggered VA's duty to assist by providing a contemporaneous VA examination prior to the January 2024 rating decision on appeal.
- Claimed conditions
- Major depressive disorder with panic disorder, Lumbosacral strain, Right lower extremity radiculopathy (sciatic), Left lower extremity radiculopathy, Tinnitus, Right lateral collateral ligament sprain, Left lateral collateral ligament sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2025
- Citation
- A25024472
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 Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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