The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and TDIU due to issues with informed consent and standard of care regarding spinal surgeries, as well as the impact of service-connected disabilities on employment.
The deciding factor: The medical opinions obtained were inadequate and require additional clarification and explanation.
- Claimed conditions
- upper right extremity paralysis, spastic hemiparesis of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 20, 2023
- Citation
- 23023243
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 23023243.
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 Board granted compensation under 38 U.S.C. § 1151 for right upper extremity paralysis and spastic hemiparesis of the right lower extremity, finding that these additional disabilities were not reasonably foreseeable at the time of a February 2008 surgery.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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