The veteran is seeking compensation under 38 U.S.C.A. § 1151 for esophageal perforation resulting from VA treatment in September 2004, and TDIU based on his service-connected disability. The case must be remanded to allow for a VA examination and further development.
The deciding factor: The veteran's claim involves the need for a medical opinion regarding whether he has additional disability as a result of the perforation of his esophagus in the course of VA treatment, which would determine if it meets the criteria for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- esophageal perforation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 31, 2007
- Citation
- 0734253
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. Search VA.gov for the original decision (opens in a new tab) using citation 0734253.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's cause of death, esophageal perforation secondary to gastroesophageal cancer, is found to be related to his in-service exposure to Agent Orange and other environmental factors. Service connection for the cause of death is granted.
- Whole decision: Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for an esophageal perforation and its residuals, as well as gastrointestinal discomfort, shortness of breath, painful scar, and an acquired psychiatric disorder with insomnia, has been denied because the evidence does not show that additional disability was incurred due to VA's carelessness or negligence.
- Whole decision: Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 due to an esophageal perforation and its residuals is remanded as the existing record does not contain a medical opinion addressing this question.
- Whole decision: Denied
The Veteran sustained an esophageal perforation during a VA-provided EGD procedure. The Board found that the perforation was not caused by any fault on the part of VA and denied compensation under 38 C.F.R. § 1151.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.