The Veteran is seeking Section 1151 compensation for various conditions resulting from a pancreatectomy and related surgeries performed by VA. The Board has determined that additional disability was caused, but the specific cause of this disability (caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA) needs to be clarified.,The Veteran is also seeking Section 1151 compensation for PTSD, anxiety, and depression as a result of the pancreatectomy. The Board has determined that additional disability was caused, but the specific cause (caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA) needs to be clarified.
The deciding factor: The Veteran's conditions are related to surgeries performed by VA, and further investigation is needed to determine if these were caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
- Claimed conditions
- partial removal of pancreas (pancreatectomy), PTSD, anxiety, depression, herniated lumbar disc, congestive heart failure, diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150473
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
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