The veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from surgery performed in March 1999 at the Huntington VA Medical Center. The case has been remanded to determine if VA's care was negligent and whether post-phlebitis syndrome and deep vein thrombosis are related to the surgery.
The deciding factor: The decision is based on the need for further development of evidence, including a review by an independent vascular surgeon to assess fault on VA's part in treating the veteran's conditions following his March 1999 surgery.
- Claimed conditions
- Post-phlebitis syndrome, Deep vein thrombosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2005
- Citation
- 0500311
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (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 0500311.
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 Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since October 1, 2009. The Board has granted an effective earlier date of October 1, 2009 for a TDIU.
- Denied
The Veteran's right lower extremity varicose veins, post-phlebitic syndrome, deep vein thrombosis and pulmonary embolism are currently rated as 10 percent disabling. The Board found that the evidence does not support a higher rating due to lack of persistent edema or stasis pigmentation.
- Denied
The Board denied an earlier effective date for service connection of right leg post phlebitic syndrome and a higher rating for DVT, but granted a 20 percent rating from November 30, 2022.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, as none of the listed causes were related to his period of active duty or presumed exposure to herbicides.
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