The veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a VA surgical procedure in February 2002, including peripheral neuropathy of the upper extremities and partial paralysis of the vocal cords. The claim will be remanded to determine if these conditions are related to the VA treatment.
The deciding factor: The claim is being remanded due to insufficient evidence regarding the preoperative status of the veteran's condition prior to the 2002 surgery, which is necessary for a proper determination under 38 C.F.R. § 3.361.
- Claimed conditions
- peripheral neuropathy of the upper extremities, partial paralysis of the vocal cords
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2006
- Citation
- 0608877
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 denied service connection for diabetes mellitus, peripheral neuropathy of the upper extremities, erectile dysfunction, cataracts, residuals of a stroke, hypertension, and an acquired psychiatric disorder. However, tinnitus was granted.
- Granted
The Board granted service connection for diabetes mellitus, type II and its secondary conditions of peripheral neuropathy in the upper and lower extremities as well as left lumbosacral radiculoplexus neuropathy based on the Veteran's exposure to herbicide agents during his service.
- Dismissed
The appeal for service connection of peripheral neuropathy was dismissed because the claim form used was incorrect and not appealable.
- Denied
The claim for a higher rating than 20 percent for lumbosacral strain with degenerative joint disease was denied because the veteran did not attend a scheduled VA examination.
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