The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for multiple medical disabilities arising from experimental radiation treatment in July 1979, but his claim has been remanded due to VCAA compliance issues and need for additional evidence.
The deciding factor: The Board's decision is being remanded because the veteran did not receive proper VCAA notice and needs further examination and evidence regarding the relationship between his current conditions and the experimental radiation treatment in July 1979.
- Claimed conditions
- abdominal adhesions, blood abnormalities, heart disease, hernia, intestinal obstruction and infection, liver disorder, psychiatric disability, sexual dysfunction, stomach ulcers, urological problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2004
- Citation
- 0410832
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 0410832.
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 Board remands the claim for a psychiatric disability to correct a pre-decisional duty to assist error, specifically regarding the presumption of soundness at entrance into service.
- Denied
The Board denied higher initial disability ratings for the service-connected psychiatric disability and denied earlier effective dates for TDIU, SMC at the schedular housebound rate, and DEA benefits.
- Remanded (sent back)
The Board remands the claims for service connection for kidney, liver, and pituitary gland disorders to obtain an addendum medical opinion regarding their nature and etiology.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (r)(2) level due to his service-connected disabilities requiring a higher level of care.
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