The Veteran is seeking compensation under 38 U.S.C. 1151 for additional disability resulting from a VA left hip surgery in September 2010, but the case has been remanded due to concerns about informed consent and whether the intraoperative fracture was reasonably foreseeable.
The deciding factor: The Board found that further development is needed to determine if proper informed consent was obtained prior to the Veteran's left hip surgery and whether the intraoperative fracture of proximal femur was a reasonably foreseeable event.
- Claimed conditions
- Left Hip Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 3, 2018
- Citation
- 1800088
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. Read the original VA decision (opens in a new tab) using citation 1800088.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has determined that the Veteran's prescribed Quetiapine, used to treat his service-connected PTSD, caused him to fall and subsequently fracture his hip, leading to his death. Therefore, the claim for service connection for the cause of death is granted.
- Whole decision: Granted
The Veteran's PTSD is rated at 100 percent since September 9, 2013. He also has additional service-connected disabilities independently rated at more than 60 percent, meeting the criteria for SMC at the house bound rate.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case for further development due to the complexity of the appeal and the need for an independent medical opinion.
- Whole decision: Denied
The VA determined that the Veteran's left shoulder and hip disabilities were not caused by carelessness, negligence, or lack of proper skill in VA treatment. The medical evidence did not support a finding of additional disability resulting from VA treatment.
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