The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to the need for additional evidence and a VA medical opinion.
The deciding factor: The decision is remanded because there are insufficient records available to determine if the Veteran's conditions were caused by carelessness, negligence, or similar fault on the part of VA.
- Claimed conditions
- paralyzed right diaphragm, anxiety, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2019
- Citation
- 19176045
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 an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Remanded (sent back)
The appeal is remanded for further development and consideration of the Veteran's claims for service connection for various acquired psychiatric disorders.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
- Partly granted
The Board granted service connection for generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
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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.