The Board has determined that the January 2022 decision by the AOJ is legally inadequate due to a pre-decisional duty to assist error, and thus remands the case for further review.
The deciding factor: The CEAT's medical opinion was not adequate as it did not apply the correct legal standard regarding personal care services needs and failed to provide sufficient supporting data or rationale.
- Claimed conditions
- residuals of cerebrovascular accident, neurological impairment of the left upper extremity resulting in loss of use of the hand, neurological impairment of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2026
- Citation
- A26008149
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 A26008149.
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.
- Dismissed
The Veteran's appeal was dismissed for his claim of service connection for obstructive sleep apnea. The Board found that the issue had been resolved by a prior rating decision granting service connection and assigning a 50% disability rating.
- Remanded (sent back)
The Veteran's claims for Parkinsonism, neurological impairments of the upper and lower extremities, and a lumbar cyst are being remanded due to incomplete records regarding alleged radiation exposure during service.
- Denied
The Board denied the claim for service connection for an acquired psychiatric disorder and remanded claims for other disabilities due to a pre-decisional error in the duty to assist.
- Granted
The Veteran's claim for service connection for residuals of CVA as secondary to hypertension has been granted, with the effective date being July 25, 2023.
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