Board Must Consider Secondary Service Connection Not Just 1151 Claim

Board Must Consider Secondary Service Connection Not Just 1151 Claim

The Court of Appeals for Veterans Claims held that the Board erred when it construed the Veteran’s theory to be limited to a medical malpractice claim under 38 U.S.C. § 1151 and referred that issue to the VA Regional Office for initial adjudication. The Court stated that the law requires the Board to consider the theory of secondary service connection under 38 C.F.R. § 3.310(a) for a disability where the alleged proximate cause is a surgery necessitated by a service-connected condition. The Court vacated the Board’s decision and remanded the case for the Board to consider whether service-connected compensation under 38 U.S.C. § 1110 was warranted for the Veteran’s Meniere’s Syndrome.

Category: Veterans Law, Court Wins