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
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 due to a hospital acquired infection following his coronary bypass graft is remanded for further development, including obtaining an addendum opinion from a cardiothoracic surgeon and/or infectious disease clinician.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for additional medical opinions regarding whether his hospital acquired infection and osteomyelitis were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
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