The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional heart and lung disability, claimed as secondary to a tooth extraction performed at a VA facility in September 1998. The case has been remanded due to inadequate notification of the redefined obligations of VA with respect to his claim.
The deciding factor: The veteran's claim was not properly notified of the requirements for establishing entitlement under 38 U.S.C.A. § 1151, and thus the case must be returned to the RO for proper notification and development.
- Claimed conditions
- additional heart disability, additional lung disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2005
- Citation
- 0510574
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 0510574.
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 case due to insufficient medical opinion regarding whether the Veteran's additional disability was caused or aggravated by VA's referral for a MAZE procedure, and if so, whether such additional disability was reasonably foreseeable as an ordinary risk of the treatment.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for compensation under 38 U.S.C. § 1151 and TDIU due to the need for additional development, including a VA medical opinion.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for an adequate nexus opinion addressing his contentions and legal requirements of 38 U.S.C. § 1151, including a review of records from June 2005 to February 2012.
- Remanded (sent back)
The Board previously denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to additional lung disability resulting from treatment at a VA facility from January 1999. The case is now being remanded for further development and readjudication.
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