The Board remands the claims for compensation under 38 U.S.C. � 1151 for various conditions related to a February 2015 surgery due to non-compliance with previous remand instructions.
The deciding factor: Remand is necessary as the May 2022 opinion did not comply with the Board's directives, specifically regarding the involvement of an orthopedic surgeon or neurosurgeon and addressing the dural tear during the February 2015 surgery.
- Claimed conditions
- lumbar spine damage, loss of bowel control, loss of bladder control, paraplegia of the bilateral lower extremities
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2023
- Citation
- 23000741
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 Board dismissed the claim for entitlement to service connection for prostate cancer and denied earlier effective dates for the awards of service connection for loss of use of the bilateral lower legs and loss of bladder control.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for erectile dysfunction, loss of bowel control, and loss of bladder control as they were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instances of fault on the part of VA.
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