The Board has remanded the case due to unclear allocation of the FTCA settlement proceeds and insufficient evidence on which to make a decision regarding the offset amount. The AOJ is instructed to obtain documents from VA Regional Counsel and any other appropriate entity, and seek an opinion from them concerning the amounts that are properly offset against the 38 U.S.C. § 1151 award.
The deciding factor: The Board found insufficient evidence on which to make a decision regarding the allocation of the FTCA settlement proceeds and the proper offset amount for disability compensation awarded under 38 U.S.C. § 1151.
- Claimed conditions
- residuals of squamous cell carcinoma of the rectum, fecal incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2019
- Citation
- 19115730
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 19115730.
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 Veteran was granted earlier effective dates for service connection of left lower extremity radiculopathy, sciatic nerve; right lower extremity radiculopathy, femoral nerve; and fecal incontinence, all from May 7, 2012. An increased rating of 20 percent for right lower extremity radiculopathy, sciatic nerve, was also granted effective November 30, 2018.
- Remanded (sent back)
The Board remands the claims for service connection for flat feet, irritable bowel syndrome, duodenal gastritis, and fecal incontinence to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for fecal incontinence as secondary to the Veteran's colon cancer residuals and denied a TDIU prior to April 21, 2024 and a higher rating for heart disability prior to that date. The claim for a higher rating for colon cancer residuals was remanded.
- Remanded (sent back)
The Board denied an earlier effective date for service connection of hypertension and remanded several other claims, including those for brain damage, memory loss, vertigo, seizures, acquired psychiatric disability, urinary incontinence, and fecal incontinence.
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