The Veteran is seeking compensation under 38 U.S.C. § 1151 for a right lung condition (also claimed as a diaphragm disorder) that allegedly resulted from VA-provided medical care in 1990 and 1996. The Board has ordered additional development to determine the nature of any current right lung or diaphragm disorder, its relationship to procedures performed as a result of VA referral, and whether it is related to events not reasonably foreseeable.
The deciding factor: The Veteran's claim requires further medical evaluation to determine if he has a current right lung or diaphragm disorder that may be related to the surgeries performed in 1990 and 1996 as a result of VA referral, or whether it is due to an unforeseen event.
- Claimed conditions
- right lung condition, diaphragm disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2017
- Citation
- 1750694
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 1750694.
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 Board has denied service connection for asthma and a right lung condition as the evidence does not show that these conditions were incurred or aggravated by military service.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for bilateral lung conditions should be remanded due to the need for additional development and consideration of new evidence.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 for a diaphragm disorder and lung condition are remanded due to the lack of availability of his full consent form related to the April 2021 left reverse total shoulder arthroplasty.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, specifically failing to provide a VA examination in connection with the Veteran's claim for service connection of a left diaphragm disorder. The examiner is requested to determine if any current diaphragm disorders are related to the Veteran's military service.
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