The Board remands the case for a VA examination to determine if additional disability was reasonably foreseeable and whether there was fault on VA's part.
The deciding factor: The RO denied the claim based on a finding that, although the veteran did in fact develop additional disability as a result of the surgery and treatment, there is no evidence to show fault or negligence or lack of proper skill on the part of any VA provider, and the events that occurred were reasonably foreseeable.
- Claimed conditions
- inability to walk/being wheelchair bound
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815769
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.