The Board has determined that additional development is needed to determine the Veteran's eligibility for compensation under 38 U.S.C.A. § 1151 due to VA treatment, and whether any resulting disability was reasonably foreseeable.
The deciding factor: Additional evidence is required to fully assess the Veteran's claims, including medical records from his surgeries and vaccinations, as well as a comprehensive examination to determine if he has current disabilities related to these treatments.
- Claimed conditions
- umbilical hernia, MRSA infection, left arm cellulitis with swelling
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2012
- Citation
- 1240529
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 1240529.
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.
- Denied
The Veteran's claims for increased ratings and initial disability ratings were denied. The Veteran was granted a rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the right lower extremity and left lower extremity, and a rating of 20 percent, but no higher, for diabetic peripheral neuropathy affecting the left upper extremity (minor).
- Denied
The Veteran's claims for service connection and increased ratings were denied as there was no current evidence of the claimed conditions, or they did not meet the criteria for a compensable rating.
- Denied
The Board denied the Veteran's claim for service connection of an umbilical hernia, finding that there was no evidence to support a relationship between his military service and the condition.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the VA did not cause any additional disability, and there was no fault on their part in providing care.
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