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.
- Remanded (sent back)
The Board remands the claim for service connection of an esophageal disability, to include GERD with hiatal hernia, due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has denied the Veteran's claims of service connection for bilateral sensorineural hearing loss, left knee disability, left foot disability, and right ankle disability. The claim for esophageal disability is remanded.
- Remanded (sent back)
The Board has found that the Veteran's thoracic artery calcification claim is denied due to a prohibition against service connection for disabilities resulting from tobacco use during service. The esophageal disability, kidney disability, and lumbar spine disability claims are remanded as there were duty-to-assist errors in obtaining VA examinations and medical opinions.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for an addendum opinion regarding the Veteran's claimed esophageal disability.
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