The Veteran's claim is being remanded due to a duty to inform error regarding the risks of his May 2010 surgery, and negligence during the procedure.
The deciding factor: There was an omission in obtaining signed consent forms for the May 2010 sigmoidectomy.
- Claimed conditions
- diverticulosis, sigmoid stricture of the colon, cholevesicular fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- A19000314
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 service connection for diverticulosis, GERD, and hiatal hernia as the evidence did not show a link to an in-service disease or injury.
- Partly granted
The Board granted an earlier effective date of September 19, 2023 for the grants of service connection for tinnitus and bilateral hearing loss. The claims for other conditions were remanded for further development.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other claims for further development.
- Dismissed
The appeals concerning the issues of entitlement to service connection for various conditions and a higher level of special monthly compensation (SMC) for aid and attendance are dismissed due to the Veteran's death during the pendency of the appeal.
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