The Veteran's claims for compensation under 38 U.S.C. § 1151 are being remanded due to the need to determine if a VA physician performed the initial cervical spine surgery at a non-VA facility or if the non-VA facility meets the requirements to be considered a VA facility, and whether the Veteran's conditions were reasonably foreseeable events.
The deciding factor: The decision is being remanded because of the need for clarification regarding the nature of the initial treatment provided by VA and its compliance with regulations.
- Claimed conditions
- cervical spine disorder, thoracolumbar spine disorder, bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, neurogenic bladder, neurogenic bowel, respiratory disorder, acquired psychiatric disorder, loss of use of the left hand, loss of use of the bilateral buttocks, erectile dysfunction, special monthly compensation (SMC) for loss of use of a creative organ, SMC for regular aid and attendance or being housebound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2019
- Citation
- 19135148
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19135148.
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's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
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