The Board remands the claim for special monthly compensation based on the need for regular aid and attendance of another person due to a duty to assist error in the prior VA examination.
The deciding factor: The June 2023 VA examination did not adequately address the impact of the Veteran's service-connected conditions, in and of themselves, without considering non-service-connected disabilities.
- Claimed conditions
- obstructive sleep apnea, right knee status post total knee replacement (TKR) and degenerative joint disease, hypertensive heart disease, left shoulder strain, lumbar spine degenerative disk disease, left foot plantar fasciitis, chronic prostatitis, right ankle degenerative joint disease, left ankle degenerative joint disease, tinnitus, right wrist fracture status post open reduction and internal fixation (ORIF) surgery, right wrist painful scar, status post nissen fundoplication with reflux, hypertension, external and internal hemorrhoids, erectile dysfunction, left foot, right knee, and abdominal surgical scars, dermatitis, right wrist linear scar, left foot degenerative joint disease and status post left foot bunionette excision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2025
- Citation
- A25028104
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 granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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