The Veteran's leg weakness is due to prescribed statins, but the VA must determine if the additional disability following second and third treatment with statins was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.
The deciding factor: The decision requires an independent medical expert to review the Veteran's case and determine if the additional disability is due to carelessness, negligence, or other fault on the part of VA.
- Claimed conditions
- leg weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000764
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 22000764.
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 service-connected disabilities require care or assistance from another person on a regular basis to protect him from hazards and dangers incident to his daily environment, which has been determined based on the evidence of record. As such, the claim for special monthly compensation based on aid and attendance is granted.
- Denied
The Veteran's heart surgery, including the stroke that occurred during the procedure and leg vein harvesting, did not result in additional disabilities due to VA negligence or fault. The Board denied compensation benefits under 38 U.S.C. § 1151.
- Granted
The Veteran's emergency medical care at a private hospital was granted reimbursement because his symptoms were related to an emergent condition and the nearest VA facilities were not feasibly available.
- Denied
The Board denied the Veteran's claims for TDIU and basic eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant, finding that his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.
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