The Board has remanded the cases for an independent medical opinion to determine if the Veteran suffered additional disability as a result of VA medical treatment, including cervical spine surgery and post-operative care.
The deciding factor: The complexity of the issue on appeal requires an independent medical expert's opinion regarding whether the Veteran's additional disabilities were caused by VA personnel's failure to follow appropriate standards of care or due to other factors.
- Claimed conditions
- incontinence, paralysis of the left upper extremity, paralysis of the right upper extremity, paralysis of the left lower extremity, paralysis of the right lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2022
- Citation
- 22060071
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 22060071.
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 case due to a duty to assist error and needs additional medical opinions regarding the relationship between the Veteran's service-connected lumbar spine disability and his incontinence.
- Denied
The Veteran's appeal for special monthly compensation and service connection was denied due to a late filing of the Board Appeal request.
- Dismissed
The Veteran's appeal for earlier effective dates and increased ratings has been withdrawn by the Veteran's attorney, resulting in the dismissal of the appeal.
- Granted
The Board has granted service connection for incontinence and a left knee condition as secondary to the Veteran's service-connected vaginitis and intervertebral disc syndrome, respectively.
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