The Veteran's claim for SMC at the intermediate rate based on need for aid and attendance with additional service-connected disabilities combining to 50 percent or more is granted. The claims for higher rates of SMC, total schedular ratings for loss of use of both hands and feet are remanded due to inadequate VA examinations.
The deciding factor: The Veteran's service-connected conditions combine to at least 90% disabling, warranting a higher intermediate rate of SMC under 38 U.S.C. § 1114(p). However, additional VA examinations are needed to determine the severity and impairment associated with his upper and lower extremity disabilities.
- Claimed conditions
- obstructive sleep apnea, migraine headaches, cervical strain, residuals of a gallbladder removal, right intercostal neuralgia, a right hip strain, bilateral wrist strains, vertigo, gastroesophageal reflux disease (GERD), scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2026
- Citation
- A26009924
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 A26009924.
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 has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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