The veteran is seeking benefits under the Veterans' Compensation and Pension Act (38 U.S.C.A. § 1151) for paralysis of his right hemidiaphragm, which he claims was caused by treatment at a VA medical facility on July 9, 1999. The case has been remanded due to missing documents.
The deciding factor: The claim is in remand status due to missing documents from the veteran's file.
- Claimed conditions
- paralysis of right hemidiaphragm, brachial plexopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 17, 2008
- Citation
- 0823894
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 0823894.
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.
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The Veteran's TDIU claim is remanded due to the need for a retrospective medical opinion on the combined effects of his service-connected disabilities, as VA did not obtain such an opinion in the original decision.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for compensation under 38 U.S.C. § 1151 due to insufficient examination and new evidence being added to the record.
- Remanded (sent back)
The Veteran's brachial plexopathy is being remanded for a VA examination to determine if it was proximately caused by his October 2014 cardiac surgery at the Portland VAMC.
- Remanded (sent back)
The Board has decided to remand the case due to a need for clarification of an examiner's opinion regarding carelessness, negligence or lack of skill during the Veteran's total shoulder replacement surgery.
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