The Board has decided to remand the case due to insufficient medical opinions regarding informed consent and negligence in proceeding with the trephination procedure.
The deciding factor: The VA medical opinion did not adequately address the questions related to informed consent and negligence based on the Veteran's consent.
- Claimed conditions
- numbness around the left eye, problems with concentration, sleeping problems, redness, itching
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080738
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 remanded the claims for service connection for unexplained burning sensation, chest pains, itching, headaches, anemia, and bilateral foot spurs due to incomplete development.
- Remanded (sent back)
The Board denied service connection for chronic fatigue syndrome and sleeping problems, but found the reduction of PTSD rating from 50% to 10% was proper.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, stomach disorder, headache disability, joint disorder, muscle disorder, blood in the colon, hypertension, leg cramps, shortness of breath, memory loss, fatigue, sleeping problems, blurred vision, and depression. The claimant was also denied new and material evidence to reopen claims related to these conditions.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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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.