The veteran's claim for disability benefits under the provisions of 38 U.S.C.A. § 1151 for residuals of a perforated duodenum, claimed to be the result of an March 2006 VA medical procedure, is being remanded for further development.
The deciding factor: The case requires additional evidence and a medical opinion regarding the foreseeability of the veteran's additional disability resulting from his March 2006 ERCP and whether it was due to fault on the part of VA in furnishing the hospital care, medical or surgical treatment.
- Claimed conditions
- residuals of a perforated duodenum
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2009
- Citation
- 0904005
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.