The Veteran's claim for a higher rating for PTSD is remanded due to the need for VA treatment records and an examination.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a cerebrovascular accident (CVA) after July 2016 VA surgery is remanded due to the need for clarification on whether the CVA was caused by the surgery and if so, whether it was due to carelessness or negligence.,The Veteran's claim for service connection for a CVA secondary to service-connected prostate cancer is remanded due to the need for an addendum opinion addressing causation of the CVA and ureter disability.,The Veteran's TDIU claim is remanded due to the need for consideration of his PTSD, CVA, and other disabilities.
The deciding factor: The Veteran has not provided sufficient evidence to establish a claim for an increased rating for PTSD prior to the issuance of VA treatment records and examination.,The Veteran's stroke may have been caused by preexisting factors but also due to carelessness or negligence on the part of VA. The need for clarification is required.,The causation of the CVA and ureter disability must be determined, including whether it was reasonably foreseeable as an ordinary risk of treatment.,The Veteran's TDIU claim requires consideration of his PTSD, CVA, and other disabilities.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Cerebrovascular Accident (CVA) due to service-connected prostate cancer, Erectile Dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2019
- Citation
- 19196538
Veterans Law Judge
Decisions by this judge: 1,680 · Granted: 24% (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 19196538.
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 Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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