The veteran's claim for compensation under 38 U.S.C.A. § 1151 for nerve damage in the area of the right lung, claimed to have resulted from VA surgery in February 2001, was denied and remanded for further examination.
The deciding factor: Additional medical opinion is needed to determine if the veteran's nerve damage is related to the VA surgery due to carelessness or negligence on the part of VA.
- Claimed conditions
- nerve damage in the area of the right lung
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2006
- Citation
- 0600173
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.