The Veteran seeks compensation benefits under 38 U.S.C.A. § 1151 for various disabilities allegedly resulting from inadequate care at the West Haven VA Medical Center. The Board finds that further examination is needed to determine if any additional disability was proximately caused by negligence or fault on the part of VA.
The deciding factor: The Veteran's claims are remanded due to the need for a comprehensive medical evaluation to assess whether his current disabilities were caused by inadequate care at the West Haven VAMC.
- Claimed conditions
- Right Shoulder, Neck, Back, Brain Aneurysm, Psychiatric Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2011
- Citation
- 1136051
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 1136051.
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 Veteran's service connection claims for various knee and back disabilities, as well as radiculopathy in the right lower extremity (RLE) and left lower extremity (LLE), have been granted. Service connection is also granted for a right hip disability secondary to his back disability.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the onset and causation of the Veteran's OSA. The AOJ is required to obtain an addendum opinion from a qualified examiner to address these issues.
- Denied
The Board found that the reduction of the Veteran's VA compensation benefits to a 5% rate effective November 1, 2016 was proper due to his incarceration for more than 60 days following conviction of a felony offense. The appeal is denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in duty to assist and insufficient opinions. The issues include OSA with obesity as an intermediate step, and a psychiatric disability related to migraine with vertigo.
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