The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for right leg paralysis that he developed after undergoing hip surgery at the Cleveland VA medical center in September 2008. The case is being remanded to obtain missing treatment records and provide a medical opinion regarding whether the additional disability was caused by carelessness, negligence, or similar instance of fault on the part of VA.
The deciding factor: The Veteran's right leg paralysis may have been caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA due to misdiagnosis and treatment during his admission at the Cleveland VAMC in September 2008.
- Claimed conditions
- right leg paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2017
- Citation
- 1744069
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 1744069.
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 cases due to insufficient medical opinions regarding the etiology of the Veteran's back disorder and related conditions. The issues are now pending for further development.
- Granted
The Veteran's cervical spine disability, including his left arm and leg impairments, resulted in complete paralysis of the left side from January 5, 2015. The Veteran was granted separate ratings for each affected limb.
- Remanded (sent back)
The Veteran's claim for service connection for a back disorder is reopened, and the appeal is granted to this extent. The claims of secondary service connection for right leg paralysis, sciatic nerve neuralgia, and cirrhosis of the liver are remanded.
- Remanded (sent back)
The Veteran's claim for disability compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining missing treatment records and a VA opinion regarding whether his right leg paralysis was caused by negligence or error in prescribing Coumadin.
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