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.
- Granted
The Board has granted the Veteran's claim for service connection for syncopal episodes, finding that these episodes are secondary to her service-connected migraine headaches.
- Granted
The Veteran's seizures are granted as secondary to the service-connected scar tissue from a 1969 head surgery.
- Granted
The Veteran's angioedema, hypertension, seizures, obstructive sleep apnea, and thyroid cancer residuals are all service-connected. The rating for angioedema is denied as it meets the maximum evaluation. Hypertension receives a 10 percent rating prior to December 29, 2019 and no higher thereafter. SMC based on need for aid and attendance is granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
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