The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for health problems including Parkinson's disease, tremors, heart damage, dementia, lung damage, and kidney damage allegedly caused by a negligent surgical procedure and post-operative care provided by VA in December 2008.
The deciding factor: The Board has determined that the medical opinions are inadequate and additional records need to be obtained. The Veteran is seeking compensation for health problems allegedly caused by a negligent surgical procedure and post-operative care provided by VA, which may or may not have been due to an event not reasonably foreseeable.
- Claimed conditions
- Parkinson's disease, tremors, heart damage, dementia, lung damage, kidney damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2016
- Citation
- 1618676
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 1618676.
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 is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for lumbosacral strain with degenerative disc disease, headaches, an acquired psychiatric disorder (other specified trauma and stressor related disorder and PTSD), and Parkinson's disease. The conditions are presumed to be due to exposure in service.,Service connection is established for all four claimed conditions.
- Granted
The Veteran's service-connected conditions, including Parkinson's disease and related disabilities of the upper and lower extremities, have caused loss of use in both hands and need for aid and attendance due to his lower extremity disability, kidney disease, and neurogenic bladder. The Board has granted SMC based on these findings.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.