The Board has decided to remand the claims for compensation under 38 U.S.C. § 1151 due to insufficient explanation in a previous medical opinion regarding the cause of the Veteran's injuries.
The deciding factor: The Board found that an addendum opinion is needed from a cardiologist to clarify whether the Veteran’s fall, resulting in injuries to his teeth, nose and finger, was caused by VA treatment or failure to treat, including medication prescribed, inadequate 'fall precautions,' and/or not being admitted to the Intensive Care Unit.
- Claimed conditions
- broken front teeth, broken nose, broken right index finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19146011
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 Board dismissed the Veteran's appeals for service connection for right and left lower extremity sciatic nerve problems, as these issues are now considered resolved. The appeal was also remanded to address a broken nose and knee disability claims.
- Partly granted
The Board denied service connection for a broken nose, deviated septum, low back disability, left foot numbness, right foot numbness, sinus disability, left elbow and forearm disability, left knee disability, and right shoulder strain. Service connection was granted for gastroesophageal reflux disease (GERD) and left hamstring strain. The Board also denied an initial evaluation in excess of 70 percent for posttraumatic stress disorder with residuals of a traumatic brain injury, an initial evaluation in excess of 30 percent for migraine headaches, an initial evaluation in excess of 20 percent for fibromyalgia, and an evaluation in excess of 20 percent for irritable bowel syndrome with diarrhea. The Board denied a total disability rating based on individual unemployability as a result of service-connected disabilities prior to December 1, 2023.
- Remanded (sent back)
The Board has remanded the case due to a need for further action, including obtaining additional information from the Veteran regarding his income and net worth. The claim will be reconsidered after this is done.
- Denied
The Board denied service connection for a broken nose and a sinus condition secondary to a broken nose due to the lack of current diagnosis and no causal link between the in-service injury and present symptoms.
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