The veteran is seeking compensation benefits under 38 U.S.C.A. § 1151 for shortness of breath, weakness, drowsiness, heart failure, gastrointestinal problems, and a nervous condition caused by medication received at the VA Medical Center in East Orange, New Jersey.
The deciding factor: The veteran's claim is remanded due to the need for further medical examination to determine if his claimed disabilities were caused by carelessness, negligence, or lack of proper skill on the part of VA or an event not reasonably foreseeable.
- Claimed conditions
- shortness of breath, weakness, drowsiness, heart failure, gastrointestinal problems, nervous condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2005
- Citation
- 0505359
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 0505359.
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.
- Denied
The Board denied the appellant's motion to revise a September 1949 rating decision that denied service connection for a nervous condition, finding no CUE and concluding the denial was not erroneous.
- Dismissed
The Veteran's appeals for service connection on four different conditions have been dismissed due to the death of the Veteran during the appeal process.
- Granted
The Veteran's shortness of breath and Hodgkin's lymphoma are granted service connection, but his non-Hodgkin's lymphoma and acquired psychiatric disorder are denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.