The Veteran's appeal is being remanded due to the need for a medical examination and opinion regarding the cause of his gastric perforation, which may have been caused by carelessness or negligence on VA's part. The case will be returned to the Board for further review.
The deciding factor: A new medical examination is required to determine if the Veteran's splenectomy was caused by carelessness, negligence, lack of proper skill, error in judgment, or other fault on the part of VA.
- Claimed conditions
- splenectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 30, 2009
- Citation
- 0937255
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 0937255.
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: Denied
The Veteran's service-connected conditions do not prevent him from securing substantially gainful employment, and therefore TDIU is denied.
- Whole decision: Partly granted
The Board denied the Veteran's claims for increased ratings and granted service connection for bilateral tinnitus.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for echinococcosis/hydatid disease, splenectomy, mental health condition, sleep apnea, and dental condition due to an inadequate VA medical opinion with a sufficient rationale.
- Whole decision: Dismissed
The Board has dismissed the appeals for service connection for nephrectomy and splenectomy, as well as the claim of entitlement to TDIU due to the Veteran's death before a decision was made.
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