The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing before the Board.
The deciding factor: The Veteran requested a videoconference hearing and this case has been returned to the RO for such an appointment.
- Claimed conditions
- rectal abscess
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2009
- Citation
- 0923478
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 0923478.
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.
- Dismissed
The Veteran's appeals for service connection on the issues of degenerative osteoarthritis, bronchitis, seborrheic keratosis, a low back disorder, a rectal abscess status post excision, and headaches with dizziness have been dismissed. The Board has also remanded these issues for further development.
- Denied
The Board found that the appellant's periodontal disease and subsequent rectal abscess and rectal fistula are not service-connected due to lack of evidence showing a direct link. The claim for compensation under 38 U.S.C.A. § 1151 was also denied as there is no indication of VA negligence or fault in the treatment provided.
- Granted
The Veteran's left testicle hematoma resulting in orchiectomy was caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The Board finds that the Veteran is entitled to compensation under 38 U.S.C. § 1151 for this condition.
- Denied
The Board found that the Veteran's diabetes mellitus, with hypertension, peripheral neuropathy, rectal abscess, retinopathy, and renal insufficiency, was not incurred or aggravated by service, including as due to herbicide exposure. The claim for service connection was denied.
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