The Board has remanded the case to obtain a medical opinion regarding the cause of the Veteran's death, specifically whether any peritoneal adhesions and intestinal obstruction from the surgery in 1954 are related to one of the causes listed on his death certificate (ulcer disease during service).
The deciding factor: The Board needs additional facts and records after the surgery in 1954 to determine if the Veteran's cause of death is related to ulcer disease during service.
- Claimed conditions
- septicemia, generalized peritonitis, intestinal obstruction with adhesion, anastomotic leak
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2013
- Citation
- 1329974
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 1329974.
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.
- Denied
The Board denied DIC and survivors' pension benefits due to the lack of evidence linking septicemia to service, and because the Appellant's income exceeded the maximum annual pension rate.
- Granted
The claim for service connection for the cause of the Veteran's death has been granted due to the submission of relevant new evidence, and a VA opinion is needed regarding the etiology of his cause of death.
- Granted
The Veteran's new or additional disabilities, including diverticulitis and anastomotic leak complications, were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during his June 1, 2010 sigmoidectomy at Huntington VAMC. The Board found that these disabilities were proximately caused by VA treatment and granted compensation under 38 U.S.C. § 1151.
- Granted
The Veteran's additional disabilities, including anastomotic leak, intrabdominal abscess, and stoma wound dehiscence, were caused by the January 2009 VA surgery and aftercare. The Board grants benefits under 38 U.S.C. § 1151.
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