The Veteran's ileostomy surgery is being reviewed for compensation under the provisions of 38 U.S.C.A. § 1151 due to alleged VA malpractice, and additional development is needed to consider private treatment records from Banner Baywood Hospital.
The deciding factor: The Board requires further medical opinion regarding whether the Veteran's ileostomy surgery was related to carelessness, negligence, or lack of proper skill on the part of VA.
- Claimed conditions
- ileostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 30, 2015
- Citation
- 1513575
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 1513575.
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 Veteran's claim for an effective date earlier than September 2, 2020, for the award of service connection for colostomy, ileostomy, rectal vaginal fistula, and small bowel obstruction (SBO) surgery was denied as there was no new and material evidence received within one year of the issuance of the December 2013 decision.
- Remanded (sent back)
The Board has remanded the claims for service connection for ulcerative colitis, removal of large intestines, and ileostomy due to inadequate opinions regarding the etiology of these conditions.
- Denied
The Veteran's ileostomy is not service-connected, so he does not qualify for a clothing allowance.
- Dismissed
The appeal for compensation benefits under 38 U.S.C. § 1151 for ileostomy surgery has been dismissed without prejudice due to the Veteran's death and the failure of the Agency of Original Jurisdiction to comply with previous remand directives.
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