The Board has remanded the case for a comprehensive medical opinion to determine if the Veteran incurred additional disability as a result of VA's actions during his hospitalization, including the prescribing of Depakote or any delay in changing course.
The deciding factor: The current opinions are inadequate and do not address all key facts, such as when the Depakote was prescribed, what occurred after its prescription, and comparing the Veteran's medical status before and after the April 2001 hospitalization.
- Claimed conditions
- Encephalopathy, Weakness and wrist drop in the right hand and wrist (radial nerve palsy), Seizures, Loss of bladder control, Loss of concept of time, Limited use of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2022
- Citation
- 22056441
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 22056441.
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 of service connection for a head injury, seizures, and generalized anxiety disorder due to insufficient evidence regarding their etiology.
- Granted
The Veteran is found to be eligible for enrollment in the PCAFC program due to his severe and complex medical conditions, which require personal care services.
- Dismissed
The Veteran's appeal regarding service connection for memory loss and seizures has been dismissed due to the Veteran's death.
- Remanded (sent back)
The Veteran's TBI is rated at 10 percent, and the Board has remanded to determine if he should receive a higher rating. The issue of whether he qualifies for total disability due to service-connected disabilities prior to October 18, 2019, is also being remanded.
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