The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for residuals of deep vein thrombosis and pulmonary embolism, but the RO denied his claim as he does not have a qualifying additional disability. The Board has decided to remand the case for further development including obtaining VA medical records related to the Veteran's malpractice lawsuit against VA under the Federal Tort Claims Act.
The deciding factor: The current evidence is insufficient to determine if the Veteran has a qualifying additional disability due to negligence on the part of VA, and thus the claim must be remanded for further development.
- Claimed conditions
- Deep vein thrombosis of the right lower extremity, Pulmonary embolism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2011
- Citation
- 1139322
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 1139322.
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.
- Remanded (sent back)
The Board has decided to remand the case due to errors in duty to assist, specifically regarding toxic exposure exposures during service and their impact on the Veteran's cause of death.
- Denied
The Veteran's right lower extremity varicose veins, post-phlebitic syndrome, deep vein thrombosis and pulmonary embolism are currently rated as 10 percent disabling. The Board found that the evidence does not support a higher rating due to lack of persistent edema or stasis pigmentation.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Denied
The Board denied the restoration of a separate 50 percent rating for sleep apnea due to clear and unmistakable error in the May 2008 rating decision.
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