The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a November 2014 cerebrovascular accident (CVA) is remanded due to the need for additional development regarding informed consent and potential negligence.
The deciding factor: The VA examiner found no evidence of negligence, inexperience, or untimeliness in the diagnosis or treatment of the Veteran. However, there are questions about the Veteran's informed consent for the prostate needle biopsy procedure that caused his CVA.
- Claimed conditions
- Cerebrovascular Accident (CVA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2019
- Citation
- A19002678
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's service-connected disabilities rendered him so helpless as to need the regular aid and attendance of another person, warranting SMC based on Aid and Attendance for the period from November 26, 2013 to March 28, 2018.
- Dismissed
The appeal for a higher disability rating of PTSD from April 19, 2017 is dismissed. The claim for service connection of CVA secondary to hypertension is remanded.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a new medical opinion regarding the Veteran's Cerebrovascular Accident (CVA) and whether it required aid and attendance.
- Granted
The Board has granted service connection for a Cerebrovascular Accident (CVA) as secondary to the Veteran's service-connected diabetes mellitus and coronary artery disease.
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