The Board has remanded the Veteran's claims of entitlement to disability compensation under 38 U.S.C. § 1151 for a bladder disorder and painful scar due to alleged carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
The deciding factor: The Board found that informed consent was provided by the Veteran but did not necessarily preclude entitlement to compensation under 38 U.S.C. § 1151 due to potential carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
- Claimed conditions
- Bladder disorder, Painful scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2019
- Citation
- 19179609
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.
- Granted
The Board granted service connection for a bladder disorder as secondary to the Veteran's service-connected type 2 diabetes mellitus.
- Denied
The Board denied the veteran's claims for increased ratings for a painful scar, allergic rhinitis, and tinnitus. The claim for right thigh limitation of flexion was remanded for further development.
- Denied
The Veteran's claim for a higher level of special monthly compensation (SMC) was denied as the evidence did not show that he required personal health-care services provided on a daily basis in his home by a person who is licensed to provide such services or under the regular supervision of a licensed health-care professional.
- Remanded (sent back)
The Board remands the claims for further evidentiary development and to obtain additional medical opinions.
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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.