The Veteran seeks compensation under 38 U.S.C. § 1151 for injuries sustained during VA treatment, including fractured ribs and wound dehiscence of the sacral flap site. The Board finds that additional development is needed to determine if these injuries were a result of carelessness or negligence on the part of VA.
The deciding factor: The Veteran's claims require further examination to determine whether his injuries are related to carelessness, negligence, or lack of proper skill by VA personnel during treatment.
- Claimed conditions
- fractured ribs, damage to area of sacral flap surgery, including induration along the scar line, bruising, and hematoma, sacral flap surgery wound dehiscence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2011
- Citation
- 1108235
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 1108235.
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 Veteran's claim for a compensable rating for fractured ribs has been denied, and her claim for a higher rating for right shoulder disability is remanded due to inadequate examination findings.
- Denied
The Veteran's claim for a compensable rating for residuals of fractured ribs was denied as there is no evidence of removal or resection of ribs without regeneration.,A 10 percent disability rating for the service-connected fracture of the right fifth finger was granted due to pain and functional loss, but not amputation or equivalent thereof.,The Veteran's claim for a compensable rating for the service-connected right thoracic muscle group XXI injury was denied as there is no evidence of moderate or severe impairment.
- Dismissed
Your claims for service connection for cervical spine fracture and fractured ribs have been granted by the RO, so these issues are dismissed.
- Remanded (sent back)
The Board has found that new evidence has been submitted and requires the AOJ to review this evidence and issue a supplemental statement of the case.
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