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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0734253.
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 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.
- 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.
- 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.
- 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.
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