The Board has determined that the Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to inadequate VA medical opinions regarding her fall and post-operative care, as well as her contention of lack of immediate medical intervention.
The deciding factor: The VA medical opinions did not address whether the Veteran's contended fall from a gurney during post-operative recovery resulted in her current diaphragmatic paralysis and left lung damage, or if this was caused by carelessness, negligence, or similar instance of fault on the part of VA.
- Claimed conditions
- diaphragmatic paralysis, left lung damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 19, 2023
- Citation
- 23066798
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. Read the original VA decision (opens in a new tab) using citation 23066798.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for diaphragmatic paralysis and sleep apnea, finding that the evidence is at least evenly balanced as to whether these conditions are related to active duty service.
- Denied
The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is denied as there is no evidence that he developed left pleural effusion and diaphragmatic paralysis due to VA treatment, and any such conditions are not considered additional disability.
- 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.
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