The Veteran's thalamic injury and resulting disabilities are the result of a non-VA procedure performed at MUSC. The Board finds that VA may have proximately caused this treatment by referring the Veteran to MUSC for care, but the evidence is incomplete regarding whether VA specifically referred him or if additional records need to be obtained.
The deciding factor: The referral theory under 38 U.S.C. § 1151(a)(1)(B) requires that VA's referral proximately caused the treatment during which an unforeseeable event occurred, and that the unforeseeable event proximately caused the additional disability.
- Claimed conditions
- thalamic stroke, chronic headaches, diplopia, dysphagia, paralysis of left lower extremity, paralysis of left upper extremity, seizures, speech impairment, urinary retention
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2026
- Citation
- A26014415
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 A26014415.
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 has granted the Veteran's claim for service connection for syncopal episodes, finding that these episodes are secondary to her service-connected migraine headaches.
- Granted
The Veteran's effective date for service connection of left leg amputation and associated scars, as well as SMC based on loss of use of the left leg, is set to January 28, 2022. The effective date for DEA eligibility is also set to January 28, 2022. An effective date prior to January 28, 2022, was denied for service connection of chronic headaches.
- Granted
Service connection for chronic headaches and restoration of a 20 percent disability rating for the service-connected left wrist strain are granted.,The appeal to restore a higher disability rating for the broken right foot is dismissed.
- Granted
The Veteran's seizures are granted as secondary to the service-connected scar tissue from a 1969 head surgery.
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