The claim for compensation under 38 U.S.C. § 1151 for additional disability, including a hospital-acquired infection, is remanded due to an inadequate examination.
The deciding factor: The most recent examiner failed to consider the Veteran's lay statements, rendering their opinion invalid and necessitating a new addendum.
- Claimed conditions
- hospital acquired infection
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- 24032265
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.