The Board has decided to remand the case for an addendum VA opinion due to inconsistencies in the medical opinions provided.
The deciding factor: There are discrepancies between the November 2014 opinion and the Veteran's testimony regarding the carelessness, negligence, or fault on part of VA during the August 2011 aortic valve replacement procedure.
- Claimed conditions
- aortic valve replacement, aortic insufficiency
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100626
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 remands the claims for service connection for non-rheumatic aortic valve stenosis and aortic valve replacement due to missing treatment records and the need for an opinion on the relationship between these conditions and in-service toxic exposure.
- Partly granted
The veteran's claim for a higher disability rating for aortic valve replacement since December 21, 2021 was granted. The claim for a compensable rating for the midline chest scar was denied. Other issues were remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection and rating of PTSD, as well as the TDIU claim due to the Veteran's failure to report for scheduled VA examinations. The appeals are now pending again.
- Partly granted
The June 1985 rating decision denying service connection for aortic insufficiency should be reversed due to clear and unmistakable error (CUE), as the RO's determination that there was no indication of aortic insufficiency in service was factually erroneous. The outcome would have been manifestly different had this error not been made.
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