The Board has determined that there is insufficient information to make a determination on the severity of the service-connected diverticulosis and whether it should be rated higher than 10 percent. The Veteran's symptoms are attributed to both his service-connected condition and non-service-connected conditions, making it difficult to determine the impact of the service-connected disability alone.
The deciding factor: The Board found that there is insufficient information in the record to distinguish between the service-connected diverticulosis and the non-service-connected chronic diverticulitis and anal fistula, which may be causing some of the Veteran's symptoms.
- Claimed conditions
- diverticulosis of the colon, chron's disease, anal fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181954
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 the Veteran's claim for compensation under 38 U.S.C. § 1151 for anal fistula secondary to an anal abscess, finding that the additional disability was a normal consequence of the natural progression of the disease and not caused by fault on the part of VA medical treatment.
- Denied
The Board denied compensation benefits under 38 U.S.C. § 1151 for residuals of a perirectal abscess, to include an anal fistula requiring surgery, as the additional disability was not caused by VA medical treatment and there was no failure to timely treat or diagnose the condition.
- Remanded (sent back)
The Veteran's initial 10 percent disability rating for anal fistula is being remanded due to the need to obtain outstanding private treatment records from Dr. M.G. and the Lexington Clinic.
- Denied
The Veteran's bilateral hearing loss from January 23, 2014 is denied a compensable rating. The Veteran's anal fistula disability from June 25, 2014 is granted an initial 60 percent disability rating.
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.