The Board has decided to remand the case due to concerns about the adequacy of the July 2016 VA medical opinion and the need for a new examination by an appropriate expert. The Veteran's claim will be reviewed again with these considerations in mind.
The deciding factor: The decision is being remanded because the current medical opinion does not adequately address informed consent and foreseeability under 38 U.S.C. § 1151, which are critical to determining whether VA care caused the Veteran's additional disability or death.
- Claimed conditions
- collapsed right lung, paralyzed right diaphragm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005337
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 for further development, including verifying whether the Veteran's cardiac surgeon was a VA employee and obtaining an addendum medical opinion regarding any additional pneumothorax or pleural effusion disability due to fault on VA's part.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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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.