The Veteran is seeking compensation under 38 U.S.C. § 1151 for a foreign object in her left breast, which was allegedly left there after a March 2000 bilateral breast biopsy. The Board finds that remand is necessary to determine if the wire is an additional disability caused by the biopsy and whether it is due to an unforeseeable event.
The deciding factor: The decision on compensation under 38 U.S.C. § 1151 requires a determination of whether the wire in the Veteran's left breast is an additional disability caused by the March 2000 bilateral breast biopsy and if it was due to an unforeseeable event.
- Claimed conditions
- foreign object in the left breast
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102095
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.