The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for an esophageal disability due to treatment at a VA facility, specifically alleging that improper use and removal of a nasogastric tube during surgery caused his current condition.
The deciding factor: The decision was remanded due to the need to obtain medical quality assurance records pertaining to the Veteran's December 1972 right nephrectomy surgery and review them in conjunction with an addendum from a VA examiner.
- Claimed conditions
- esophageal disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 9, 2010
- Citation
- 1021385
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 1021385.
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.
- Granted
The Board has granted service connection for esophageal disability, including hiatal hernia, gastroesophageal reflux disease (GERD), stricture of the esophagus, gastritis, and eosinophilic esophagitis. The decision finds that the Veteran's symptoms began during active service and have continued since then.
- Granted
The Board granted service connection for a back disability and denied service connection for neck, left ankle, right ankle, left trochanteric pain syndrome, OSA, esophageal disability, left wrist, and right knee disabilities. The decision is based on the Veteran's competent and credible statements regarding symptom onset during service.
- Denied
The Veteran's claims for jaw, esophageal, left hip, left ankle, right ankle, voiding, and right hip disabilities have been denied as there is no current disability found at any time during or recent to the filing of the claim.,No VA examination was obtained for these conditions. The Board finds that the post-service treatment records do not provide evidence of a diagnosed condition.
- Dismissed
The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.
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