The Veteran's claim for higher level of aid and attendance under the provisions of 38 U.S.C.A. � 1151 due to medical treatment at VAMC Miami in July and August 1999 is being remanded for additional development, including obtaining VA treatment records from July 1999 to March 2000 and May 2000 to February 2005. A VA neurosurgeon will provide an opinion on whether the Veteran has additional disability due to VA treatment in July/August 1999, and if so, whether it resulted in a need for higher level of aid and attendance.
The deciding factor: The claim requires obtaining all relevant medical records and providing a definitive opinion regarding the cause of any additional disability resulting from the Veteran's VA treatment in July/August 1999.
- Claimed conditions
- quadriplegia, tetraplegia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2012
- Citation
- 1234611
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 1234611.
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 remanded the case due to a need to associate certain FTCA files with the Veteran's claims file.
- Remanded (sent back)
The Board remands the claim for service connection for quadriplegia to correct duty to assist errors, including obtaining outstanding VA treatment records and an adequate medical opinion.
- Remanded (sent back)
The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's quadriplegia was proximately caused and aggravated by his service-connected lumbar spine disability.
- Denied
The Veteran's quadriplegia, neurogenic bowel, and neurogenic bladder are not considered to be a result of VA carelessness, negligence, or error. The Board found that the additional disability was caused by inadequate care provided by the group home after discharge from VA facilities.
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