The Veteran's surviving spouse is seeking compensation under 38 U.S.C. § 1151 for neuropathic pain from a left cheek cyst removal, which the Board has remanded due to inadequate medical opinion.
The deciding factor: The VA obtained an inadequate medical opinion regarding whether the Veteran incurred additional disability as a result of the December 2004 left cheek cyst procedure and its carelessness or negligence.
- Claimed conditions
- neuropathic pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2023
- Citation
- 23002257
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 23002257.
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.
- Denied
The Veteran's appeal was denied as he did not file a timely substantive appeal following the issuance of a September 2019 Statement of the Case (SOC).
- Remanded (sent back)
The Board has determined that additional development is necessary for the Veteran's diabetes mellitus, type II, and TDIU claims due to inadequate medical opinions regarding the severity of his condition and need for aid and attendance. The SMC claim is also remanded.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for further development regarding his claim of compensation under 38 U.S.C. § 1151 for residuals of bilateral inguinal hernia surgery, including paralysis of bilateral lower extremities.
- Denied
The Board denied the claim for VA benefits under 38 U.S.C. § 1151, finding that the Veteran's additional disability was not caused by carelessness or similar fault on the part of VA and that informed consent was properly obtained.
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