The Veteran seeks compensation under 38 U.S.C. § 1151 for paralysis below the waist due to treatment before and after a cardiac catherization in December 2014. The VA examiner's opinion is inadequate, as it did not address whether the carelessness or negligence of the medical personnel was the proximate cause of the disability.
The deciding factor: The VA examiner’s opinion is insufficient because it does not provide adequate rationale for its conclusion and fails to consider all relevant factors including the necessity of the December 2014 heart catherization and potential negligence in discovering a hemorrhage earlier.
- Claimed conditions
- Paralysis below the waist
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2018
- Citation
- 18155335
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 18155335.
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
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