The Board has remanded the claims for compensation under 38 U.S.C. § § 1151 due to a duty to assist error in the March 2016 VA examiner's opinion, which was not based on an accurate factual basis and did not adequately discuss important aspects of this matter.
The deciding factor: The Board found that the March 2016 VA examiner’s opinion is inadequate and remanded for a new addendum opinion to address whether the Veteran's anastomotic leak in January 2005 was caused by hospital care, medical or surgical treatment, or examination furnished by VA.
- Claimed conditions
- anastomotic leak, hernia, inguinal (residual of anastomotic leak), inflammatory bowel disease (residual of anastomotic leak), small intestine bacteria overgrowth (residual of anastomotic leak)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- A19001050
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 A19001050.
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 various disabilities, including gastrointestinal issues, foot problems, ED, hemorrhoids, hernia, hypertension, nerve conditions in the lower extremities, shoulder and thumb issues, except for right ear hearing loss which was granted.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for hernia, brain tumor, heart, esophagus, kidney, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and thyroid. The claim for bilateral hearing loss was remanded.
- Partly granted
The Board granted service connection for GERD and hearing loss, right ear, but denied service connection for lumbar spine pain, radicular pain and paresthesia of the lower extremities, allergic rhinitis, chronic fatigue syndrome, functional abdominal pain syndrome, restless leg syndrome, tremors of the hands, respiratory insufficiency, chronic headaches, left ankle sprain, and right ankle sprain.
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