The Veteran's claim for compensation benefits under 38 U.S.C. § 1151 is remanded due to incomplete informed consent forms and the need for an addendum opinion regarding whether his additional disability was caused by VA carelessness, negligence or similar instance of fault.
The deciding factor: Incomplete informed consent forms are missing from the Veteran's claims file, necessitating their retrieval and association with the record. An addendum opinion is needed to determine if the additional disability is due to VA carelessness, negligence or similar instance of fault.
- Claimed conditions
- left quadriceps tendon repair, staph infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2022
- Citation
- 22028918
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 22028918.
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 staph infection is granted service connection. The Board has remanded the claims for bilateral feet condition, ED, and scars related to his now service-connected staph infection.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to incomplete records and duty-to-assist errors. The VA is required to obtain relevant SSA records, as well as provide an addendum opinion regarding the Veteran's claimed stressors and psychiatric disabilities.
- Remanded (sent back)
The Board remands the claims for service connection and compensation under 38 U.S.C. § 1151, as well as special monthly compensation based on aid and attendance or housebound status, due to inadequate medical opinions.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a staph infection resulting from surgery, as there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA and the event was not reasonably foreseeable.
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