The Board has granted an earlier effective date of January 28, 2019 for the establishment of entitlement to SMC based on aid and attendance. The issue of a disability rating in excess of 30 percent for residuals of tonsillectomy with dysphagia is remanded due to duty-to-assist errors.
The deciding factor: The earlier effective date was granted as the Veteran's need for aid and attendance arose from his service-connected conditions, including tonsillar cancer residuals, renal cancer residuals, bilateral foot gout, bilateral ankle gout, and bilateral hyperacusis. The disability rating issue is remanded due to inadequate examination reports that did not consider all of the Veteran's symptoms.
- Claimed conditions
- tonsillar cancer residuals, renal cancer residuals, bilateral foot gout, bilateral ankle gout, bilateral hyperacusis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2026
- Citation
- A26036773
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 A26036773.
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 foot gout and sleep apnea due to a duty-to-assist error. The Veteran's gout is being examined again, and an in-home sleep study should be conducted for his sleep apnea claim.
- Remanded (sent back)
The Board has granted an earlier effective date of January 28, 2019 for the establishment of entitlement to SMC based on aid and attendance. The issue of a disability rating in excess of 30 percent for residuals of tonsillectomy with dysphagia is remanded due to duty-to-assist errors.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for an acquired psychiatric disorder, hypertension, and gastroesophageal reflux disease (GERD) require additional development due to a pre-decisional duty to assist error.
- Granted
The Veteran's TDIU claim is granted, and the earlier effective date for DEA benefits is remanded.
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