The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a November 2006 surgery at the VA Medical Center in West Haven, Connecticut. The case has been remanded to obtain additional medical records and to conduct a VA examination to determine if his current conditions are related to the care provided by VA.
The deciding factor: The Veteran's claim is being remanded due to the need for further evidence and an evaluation of whether the complications he experienced were caused by VA negligence or fault.
- Claimed conditions
- chronic low back pain, bilateral lower extremity pain, decreased sensation in the lower extremities, epidural scarring, loss of motion, altered gait, antalgic posture, fatigue
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2010
- Citation
- 1004013
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 1004013.
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.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Granted
The Board granted service connection for fatigue and prurigo nodularis, both on a secondary basis to the Veteran's service-connected conditions.
- Dismissed
The Board dismissed the claims for service connection for bilateral lower extremity pain and denied a compensable evaluation for left abdomen shrapnel scar.
- Denied
The Board denied service connection for a disability manifested by fatigue, finding no evidence of the condition and attributing the Veteran's symptoms to other known diagnoses.
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