The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for disabilities resulting from treatment at a VA facility in April 1998, specifically tongue deviation, difficulty swallowing, and problems with vocal cords. The case has been remanded to obtain additional medical examination and determine if these conditions are related to the veteran's treatment.
The deciding factor: The appeal is being remanded due to the need for additional development including a medical examination to assess the existence of disabilities and their relationship to the veteran's treatment at the VA facility in April 1998.
- Claimed conditions
- tongue deviation, difficulty swallowing, problems with vocal cords
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2008
- Citation
- 0806268
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 0806268.
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 a 30 percent disability rating for hypothyroidism and earlier effective dates for the award of service connection for difficulty swallowing and special monthly compensation, but dismissed the issue of entitlement to a total disability rating based on individual unemployability.
- Denied
The Board denied service connection for a stroke, difficulty swallowing, vision disability, bilateral foot drop, memory loss, mental confusion, severe headaches, dizziness, slurred speech, and non-toxic thyroid enlargement as secondary to the Veteran's service-connected PTSD.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, onychomycosis, xerosis, and difficulty swallowing to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board denied a compensable rating for right ear hearing loss and remanded several issues related to interstitial lung disease, psychiatric disability, fatigue, vertigo, muscle disability, Raynaud's phenomenon, gastrointestinal disability, difficulty swallowing, headache, skin disability, blurred vision, upper respiratory symptoms, and vertigo as secondary conditions.
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.