The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's recurrent incisional hernias were a result of negligence or failure to meet the standard of care. A new VA expert medical opinion is needed.
The deciding factor: The prior VA examination did not address the specific assertions of error and the question of whether the development of hernias was reasonably foreseeable.
- Claimed conditions
- recurrent incisional hernias
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19147759
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
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