The Veteran's claim for compensation under 38 U.S.C. § 1151 for a mental condition resulting from prostatectomy in March 2008 was denied due to lack of evidence showing the disability was caused by VA carelessness, negligence, or similar fault.,Service connection for a lumbar spine disorder is remanded as additional development is needed.
The deciding factor: The Veteran's mental condition (insomnia disorder with other medical comorbidity) was not found to be proximately caused by the VA surgical treatment in March 2008, due to lack of evidence showing it resulted from carelessness or negligence on the part of VA.,Additional development is needed to determine if the Veteran's lumbar spine disorder is related to service.
- Claimed conditions
- Insomnia disorder with other medical comorbidity, Lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2023
- Citation
- 23002127
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 23002127.
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 Veteran's claims for service connection due to insufficient evidence and need for further examination.
- Granted
The Veteran's cervical spine disorder is rated at 20% since July 1, 2022. The lumbar spine disorder was initially granted a 20% rating from September 1, 2022 to October 19, 2022 and then denied any higher ratings thereafter.
- Dismissed
The Veteran withdrew his appeals for service connection of lumbar spine, right knee, left knee, and hypertension disorders. The Board dismissed the appeals as a result.
- Denied
The Board denied the Veteran's claim for an earlier effective date prior to July 25, 2016 for the award of a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that there was no factually ascertainable increase in disability within one year prior to September 18, 2015, and thus did not warrant a TDIU.
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