The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disability manifested by abdominal, groin, and testicle pain as a result of surgeries performed at VA Medical Centers in June 1992, April 1996, and May 2007. The Board has remanded the case to determine if the Veteran's current condition is due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.
The deciding factor: The VA examiner must address whether the Veteran's additional disability (including hernia) is at least as likely as not (50 percent probability or higher) the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA practitioner(s).
- Claimed conditions
- abdominal pain, groin pain, testicle pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2017
- Citation
- 1738901
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 1738901.
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 Board has found that the Veteran does not have a current respiratory disability other than sleep apnea. The claims for abdominal pain, type I diabetes, peripheral neuropathy of the upper and lower extremities, and an immune disorder are remanded due to a duty to assist error.
- Granted
The Veteran's need for supervision, protection, or instruction on a continuous basis due to his service-connected disabilities has been determined, granting him an increased Level 2 stipend under the PCAFC program.
- Denied
The Board denied service connection for irritable bowel syndrome (IBS) and abdominal pain as there is no current diagnosed disability of IBS or functional impairment due to abdominal or constipation symptoms.
- Granted
The Board has granted service connection for right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, right foot disorder, and left foot disorder as secondary to the Veteran's service-connected lumbar spine disorder. Service connection for abdominal pain is denied.
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