The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to concerns about causation and fault related to falls during treatment in February, September, and October 2012.
The deciding factor: The decision is based on the need for clarification regarding whether the Veteran's falls caused his claimed disorders or had another etiology, and if so, whether they were due to VA carelessness, negligence, or other fault.
- Claimed conditions
- cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bladder function, loss of bowel function, loss of use right lower extremity, partial left leg amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2022
- Citation
- 22065927
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 22065927.
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 render him so helpless that he requires the regular aid and attendance of another person, as evidenced by his need for assistance with bathing/showering, tending to hygiene needs, eating or self-feeding, transferring in or out of a bed/chair, dressing, toileting, ambulating with his home or living area, and medication management.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for eligibility to an allowance for an automobile and/or other conveyance or adaptive equipment.
- Partly granted
The Board denied service connection for loss of bowel and bladder function but granted a 60% rating for right and left lower extremity sciatic peripheral neuropathy, and a 50% rating for right upper extremity polyneuropathy, effective from March 18, 2023.
- Partly granted
The Board denied increased ratings for various conditions but granted a 30 percent rating for left and right upper extremity weakness prior to November 13, 2024, and an earlier effective date of August 27, 2010, for total disability based on individual unemployability.
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