The Veteran's claims for compensation under 38 U.S.C. section 1151 are remanded due to the need for additional development, including obtaining informed consent documents and an opinion regarding whether his spinal damage and right leg nerve damage were proximately caused by VA's fault or unforeseen events.
The deciding factor: The decision is remanded because there is insufficient evidence to determine if the Veteran's spinal damage and right leg nerve damage are proximately caused by VA's fault or unforeseen events, as required for a successful 1151 claim.
- Claimed conditions
- spinal damage, right leg nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2022
- Citation
- 22043785
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 22043785.
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The Veteran has withdrawn his appeals for increased rating and service connection for various foot conditions, including bunions, peroneal tendonitis, ataxia in the right leg, nerve damage to the right leg, and a pinched nerve in the right foot. The Board dismissed these appeals as a result.
- Remanded (sent back)
The Board has denied service connection for pseudofolliculitis barbae due to a lack of current diagnosis.,Service connection is remanded for sleep apnea syndrome, bilateral hearing loss, right leg nerve damage, headaches, and neck disability.
- Remanded (sent back)
The Board has remanded the claims for service connection due to new evidence added to the record, including VA clinical records of treatment for the claimed low back disability.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for spinal damage and right leg nerve damage, finding that the additional disability did not result from VA's carelessness, negligence, or similar instance of fault.
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