The veteran is seeking compensation under 38 U.S.C.A. § 1151 for disability claimed as due to VA medical treatment on August 4, 1999. The case has been remanded for further development and consideration.
The deciding factor: The claim involves a determination of whether the veteran's additional disability is service-connected under direct service connection theory or if it was caused by fault on the part of the VA in providing treatment.
- Claimed conditions
- gallstones, acute cholecystitis, bile leak, Hepatitis D
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2004
- Citation
- 0420695
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 0420695.
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.
- Denied
The Board denied service connection for residuals of gallbladder removal and gallstones, finding no evidence linking these conditions to the Veteran's active service or presumed exposure to herbicide agents.
- Remanded (sent back)
The Veteran's claims for service connection on multiple conditions have been remanded due to the submission of new evidence after a prior denial. The Board finds that VA examinations and medical opinions are necessary to properly determine entitlement to service connection.
- Dismissed
The Board dismissed the appeals for service connection of restless leg syndrome, migraines, erectile dysfunction, gallstones, and allergic rhinitis as secondary to service-connected PTSD due to concurrent elections.
- Remanded (sent back)
The Veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent and a higher rating is denied.,The Veteran's PTSD is remanded for further development to determine if it warrants an increased rating.
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