The Veteran claims compensation under 38 U.S.C.A. § 1151 for head injuries sustained while in a VA alcohol abuse treatment program, alleging that he was not properly supervised and fell, resulting in severe residual disabilities. The case is being remanded to obtain relevant records from the substance abuse rehabilitation program where the Veteran was admitted.
The deciding factor: The decision on compensation under 38 U.S.C.A. § 1151 requires actual causation of harm due to VA actions and further investigation into the cause of the head injury is needed.
- Claimed conditions
- head injury, seizures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 1, 2010
- Citation
- 1020095
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 1020095.
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's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Dismissed
The appeal concerning the issues of service connection for back conditions, left leg disability, right leg disability, and seizures is dismissed due to the Veteran's death.
- Partly granted
The Board granted a 30 percent rating for right hand strain status-post fracture of the third metacarpal and denied service connection for various other conditions including a right ankle condition, foot disability (torn Achilles tendon), acquired psychiatric disability, ear condition, head injury, left leg disability, and low back disability.
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