The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for removal of his 5th rib during a right upper lobe wedge resection in November 2000, claiming residual pain as a result. The Board has determined that due process mandates a remand to determine if negligence was involved and what additional disability, if any, resulted from the procedure.
The deciding factor: The claim is being remanded for an examination to assess whether negligence occurred during the right upper lobe wedge resection in November 2000 and to determine if the veteran has incurred additional disability as a result of this surgery.
- Claimed conditions
- 5th rib
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 14, 2005
- Citation
- 0510677
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 0510677.
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
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