The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for a VA examination and the omission of potentially relevant private medical records.
The deciding factor: The decision was remanded because there are no medical opinions addressing whether the Veteran’s additional disabilities, if any, were proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- Cervical fracture, Cervical disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2019
- Citation
- 19152297
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (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 19152297.
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 has decided to remand the case due to a failure to obtain a medical opinion regarding the nature and etiology of the Veteran's cervical disability. The claim will be reconsidered with this information.
- Denied
The Board denied the Appellant's request for attorney fees based on past-due benefits awarded in July 2024, as the May 2024 VA Form 21-526EZ submitted by the Appellant constituted an initial claim and not a supplemental one. The July 2024 Rating Decision was the initial decision on these issues.
- Denied
The Board denied the Veteran's appeals for an earlier effective date and a higher rating for his psychiatric and cervical disabilities, as the evidence did not support an earlier effective date or a higher disability rating.
- Granted
The Board has granted service connection for a cervical disability as secondary to the Veteran's service-connected Polymyalgia rheumatica, finding that the Veteran's auto-immune disease caused or aggravated his current neck condition.
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