The Board has remanded the case due to issues related to informed consent for sinus surgery, including numbness around left eye, problems with concentration, sleeping, redness, and itching.
The deciding factor: The decision is based on the need for a new VA medical opinion regarding the validity of the Veteran's informed consent and whether it was negligent for his physicians to have proceeded with the trephination procedure given the circumstances at the time.
- Claimed conditions
- numbness around left eye, problems with concentration, sleeping problems, redness, itching
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2023
- Citation
- 23011122
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 23011122.
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 decided to remand the case due to a duty to assist error regarding the etiology of memory and concentration problems, which were not adequately addressed in the March 2021 VA examination. The Veteran's service-connected headaches may be related to an in-service head injury, and post-service records document reported memory issues.
- Remanded (sent back)
The Veteran's claim for service connection for twitching and/or itching and/or small fiber neuropathy is being remanded due to the need for further examination and evaluation.
- Remanded (sent back)
The Board has decided to remand the claim due to insufficient reasoning in the August 2021 decision regarding whether the Veteran had additional disability resulting from VA treatment. Additional development is needed, including obtaining a new VA medical opinion.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete medical records and a need for further examination. The Veteran's skin rash needs to be evaluated again, especially in relation to his military service.
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