The Board has determined that the appeal for compensation under 38 U.S.C. § 1151 is properly before the Board and has issued a remand due to the need for clarification regarding whether VA's treatment of the CMV infection was careless, negligent, or faulty.
The deciding factor: The Veteran’s CMV infection and associated complications were caused by or aggravated by carelessness, negligence, lack of proper skill, error in judgment, or similar incidence of fault on the part of the attending VA personnel or failure on the part of the VA to timely diagnose and/or properly treat the claimed disability.
- Claimed conditions
- cytomegalovirus (CMV) infection, kidney disease, paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145733
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 claim for service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Dismissed
The appeal for service connection for kidney disease, mass on kidney, and thyroidectomy was withdrawn by the Veteran's attorney representative.
- Dismissed
The appeals for service connection for various conditions were dismissed due to the Veteran's death.
- Dismissed
The appeal of entitlement to a higher rating for kidney disease was dismissed due to procedural defects in the filing of the Notice of Disagreement.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.