The Board has decided to remand the case for a new medical opinion regarding whether the Veteran's current disabilities are related to VA care following his April 12, 2001 surgery. The opinion should address if any additional disability is due to negligence or lack of proper skill on the part of VA and if it was reasonably foreseeable.
The deciding factor: The Board found that the previous opinions were insufficient and did not address the crux of the Veteran's argument regarding the carelessness, negligence, or lack of proper skill by VA in providing post-operative care following his April 12, 2001 surgery.
- Claimed conditions
- memory loss, chronic nerve pain, foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2020
- Citation
- 20064754
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.
- Dismissed
The Board dismissed the appeal for service connection for memory loss and found that the issue of TDIU from September 6, 2022 is moot.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- Denied
The Board denied service connection for various conditions, including prostate gland injuries, sleep apnea, DM, and hypertension, as the evidence did not support a finding that these conditions were related to the Veteran's military service. The application to readjudicate previously denied claims for memory loss, teeth removal, and eye defects was also denied.
- Dismissed
The veteran's appeal requests were not timely filed, and good cause was not shown to accept the late filings.
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