The Board has denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for Legionnaires' disease and remanded the claim for compensation under 38 U.S.C. § 1151 for viral infection and strep pneumonia due to lack of evidence supporting a diagnosis of Legionnaires' disease or residuals thereof.
The deciding factor: The Veteran's claims are being remanded as there is no current evidence of a diagnosis of Legionnaires' disease or its residuals, but the Veteran has contended that his Strep pneumonia was caused by improper surgical care provided by VA. The Board requires an opinion on whether any additional disability suffered by the Veteran was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- Legionnaires' disease, Strep pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2019
- Citation
- 19153588
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (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 19153588.
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
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- Denied
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