The Veteran seeks compensation benefits under the provisions of 38 U.S.C.A. § 1151 for complications from radiation therapy for rectal cancer, including kidney failure and small bowel obstruction. The case is being remanded to obtain additional medical opinions regarding whether these complications are related to carelessness or negligence on the part of VA medical personnel.
The deciding factor: The Veteran's claim requires further clarification and evaluation by a urologic and radiation oncology specialist due to conflicting opinions in the record.
- Claimed conditions
- rectal cancer, kidney failure, small bowel obstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2014
- Citation
- 1416146
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 1416146.
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 a right shoulder pain disability and denied the claims for erectile dysfunction, left shoulder condition, diabetes, kidney failure, and stomach upper and lower conditions.
- Granted
The Veteran's rectal cancer is related to his active duty service and exposure to Agent Orange. The Board granted service connection for the condition.
- Denied
The Board denied service connection for rectal cancer and the cause of the Veteran's death, finding that there was no evidence linking these conditions to service or a service-connected disability.
- Remanded (sent back)
The Board has remanded the claims for hypertension and kidney failure due to potential exposure to herbicides during service. The appellant must provide a new TERA memorandum addressing his claimed exposure, specifically considering the January 2024 Gagetown Commission Report.
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