The Veteran's claim for compensation under the provisions of 38 U.S.C.A. � 1151 is being remanded to allow VA to determine if it can access and release focused review records conducted by Charleston VAMC.
The deciding factor: The Court directed the Board to assess whether VA had complied with the statutory and regulatory provisions governing the confidentiality of quality assurance records, including determining if VA should release the documents to the Veteran.
- Claimed conditions
- shortness of breath, muscle loss of the upper extremities, a ventral hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2011
- Citation
- 1129756
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 1129756.
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 appeals for service connection on four different conditions have been dismissed due to the death of the Veteran during the appeal process.
- Granted
The Veteran's shortness of breath and Hodgkin's lymphoma are granted service connection, but his non-Hodgkin's lymphoma and acquired psychiatric disorder are denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Remanded (sent back)
The Board has determined that the March 2025 decision denying eligibility for PCAFC benefits is legally inadequate and remands the case to allow for a new medical determination considering all relevant evidence, including the Veteran's conditions and functional ability.
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