The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to negligence in his rectal surgery is being remanded for further development, including obtaining a signed written consent form and conducting an examination to determine if he suffered additional disability.
The deciding factor: The case must be remanded to attempt to obtain any existing written consent form signed by the Veteran pertaining to his November 2005 rectal surgery and to conduct a VA examination to determine whether the Veteran suffers from additional disability as a result of the surgery.
- Claimed conditions
- rectal carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2009
- Citation
- 0912314
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 0912314.
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.
- Remanded (sent back)
The Board remands the claim for readjudication due to new and relevant evidence submitted by the appellant.
- Denied
The Board denied the Veteran's claim for a disability rating in excess of 30 percent for rectal stricture, effective February 1, 2022. The evidence did not show that his condition met the criteria for a greater rating.
- Denied
The Veteran's claim for service connection for colon cancer, previously claimed as rectal carcinoma, is denied. The Board found that the evidence does not support a link between the Veteran's current condition and his active service or any service-connected conditions.
- Remanded (sent back)
The Board has remanded the case for further development regarding asbestos exposure in service and to determine if any causes of death were related to such exposure. The Veteran's cause of death was listed as metastatic colorectal cancer, but there are other cancers that may be related to asbestos exposure.
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