The Board has remanded the case to the RO for obtaining consent forms signed by the veteran for his medical procedures in 1981. The claim will be reconsidered based on this additional evidence.
The deciding factor: The Stegall violation requires that the RO obtain consent forms from the veteran, which were previously not obtained as per the Board's previous remand order.
- Claimed conditions
- excision of an ischiorectal fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2006
- Citation
- 0605399
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 is entitled to compensation under 38 U.S.C.A. § 1151 for the excision of an ischiorectal fistula due to a lack of informed consent during VA treatment.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.