The Board remands the Veteran's claim for specially adapted housing due to a pre-decisional failure to assist error and an inconsistency in medical evidence regarding the need for assistive devices.
The deciding factor: There is conflicting medical evidence as to whether the Veteran's symptoms satisfy the requirement of permanent and total disability due to the loss or loss of use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. The AOJ made a pre-decisional failure to assist error by denying eligibility for specially adapted housing without first seeking a medical opinion clarifying the inconsistent evidence concerning the Veteran's need to use assistive devices.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2025
- Citation
- A25051775
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.