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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0912314.
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: Remanded (sent back)
The Board remands the claim for readjudication due to new and relevant evidence submitted by the appellant.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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