The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is remanded due to the recent Federal Circuit decision in Ollis v. Shulkin, which expanded legal grounds for proximate causation.
The deciding factor: The case should be remanded to consider whether VA’s original referral to a third-party provider led to unforeseeable medical consequences resulting in additional disability.
- Claimed conditions
- residuals, status post skin cancer removal, nerve damage, numbness to the right side, numbness to the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102700
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 various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Denied
The Board denied the Veteran's claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Dismissed
The Board dismissed the claims for service connection and increased ratings as the appeal was untimely.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.