The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability (residuals of surgery to remove a drain tube) due to medical treatment provided by VA, specifically alleging that a JP drain broke off inside his body requiring an additional surgical procedure.
The deciding factor: The veteran's claim is remanded for further development and consideration as the issue involves determining whether the JP drain broke off in the veteran due to fault on the part of VA medical personnel responsible for removing this drain, or if it was a foreseeable event.
- Claimed conditions
- residuals of additional surgery necessary to remove a drain tube
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2006
- Citation
- 0604102
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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