The Veteran's claim for SMC based on the need for aid and attendance of another person is remanded due to a pre-decisional duty to assist error. The AOJ must schedule an examination to determine if he requires the regular aid and attendance of another person as a result of his service-connected impairment of rectal sphincter control.
The deciding factor: The claim was denied based on a lack of evidence regarding whether the Veteran requires the regular aid and attendance of another person due to his service-connected condition, leading to a duty to assist error.
- Claimed conditions
- impairment of rectal sphincter control
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2026
- Citation
- A26037591
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 A26037591.
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.
- Partly granted
The Board granted service connection for impairment of rectal sphincter control as secondary to the Veteran's service-connected degenerative disc disease, lumbar spine and denied service connection for obstructive sleep apnea.
- Granted
The Veteran's claim for a higher rating of 60 percent for his impairment of rectal sphincter control from March 7, 2018 is granted. An earlier effective date of March 7, 2018, but no earlier, for SMC housebound based on the additional service-connected disabilities is also granted.
- Granted
Effective October 13, 2015, the Veteran's lumbar disability, bilateral lower extremity radiculopathy (sciatic nerve), bilateral lower extremity radiculopathy (femoral nerve), impairment of rectal sphincter control, and urinary incontinence have been granted.
- Remanded (sent back)
The Board has decided to remand the cases for a new VA examination due to significant differences in severity of symptoms between previous examinations and treatment records.
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