The Board has remanded the case due to concerns about informed consent for the February 2005 surgical procedure. The Veteran's prognosis if he had not undergone the surgery is being evaluated.
The deciding factor: The Board requires a medical opinion regarding the risks associated with the Veteran forgoing the February 2005 neck surgery.
- Claimed conditions
- progressive quadriparesis, deep venous thrombosis, autonomic dysreflexia, neurogenic bowel and bladder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19123600
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.
- Dismissed
The veteran withdrew the appeals for ratings in excess of 20 percent and 40 percent for deep venous thrombosis, a compensable rating for dermatitis, a compensable rating for hyperhidrosis, and a rating prior to March 5, 2020, and in excess of 10 percent on and after March 5, 2020, for right kidney cysts with punctate nephrolithiasis.
- Remanded (sent back)
The Veteran's hip surgery resulted in additional disabilities, including instability of the trunk and hip, pressure ulcers, autonomic dysreflexia, bowel and bladder conditions, hypotension, impotence, and hypotension. The Board found that these were not reasonably foreseeable results of the surgery.
- Remanded (sent back)
The Board has remanded the claims for service connection for congestive heart failure, deep venous thrombosis, and seizures due to outstanding medical records from various hospitals.
- Denied
The Board found that the veteran's injuries sustained in an automobile accident on March [redacted], 1994, were the result of his own willful misconduct and therefore prohibit service connection for all claimed conditions.
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.