The Board has remanded the case for obtaining a signed informed consent regarding the February 1, 2006 surgical procedure and ensuring that any determination as to its unavailability is documented in the claims file.
The deciding factor: The Joint Motion stipulated that the Board did not discuss whether the Veteran had given informed consent pursuant to 38 C.F.R. � 17.32, which was a remand requirement.
- Claimed conditions
- residuals, left partial maxillectomy, left orbital floor reconstruction, medial canthal ligament repair surgery, hospitalization, subsequent radiation therapy for malignant neoplasm in the left maxillary/paranasal sinuses
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2014
- Citation
- 1450164
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 1450164.
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.
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- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's colon cancer and its residuals are related to his service, particularly given his exposure to burn pits during service.
- Remanded (sent back)
The Veteran's claim for service connection for kidney cancer and related residuals is being remanded due to a duty to assist error in the September 2024 rating decision. The AOJ will need to develop evidence regarding the Veteran's exposure to Camp Lejeune contaminated water.
- Denied
The Board denied the Veteran's claim for service connection of prostate cancer and residuals, finding no evidence that his condition is related to military service or exposure to contaminants at Camp Lejeune.
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