The Board has determined that additional substantive development is necessary prior to further appellate review of the claim for compensation under 38 U.S.C. § 1151 benefits due to the need to obtain complete consent forms related to the October 2013 and March 2014 hernia repair procedures at a VA medical facility.
The deciding factor: The Board found that additional substantive development is necessary as the full informed consent forms for the relevant procedures are missing from the Veteran's file, which is critical to the claim of entitlement to compensation benefits under the provisions of 38 U.S.C. § 1151.
- Claimed conditions
- ventral hernia, residuals of splenectomy, vessel wall hernia repair surgeries, iatrogenic enterotomy, abdominal wall mesh infection, scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20004436
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 service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
- Partly granted
The Board denied service connection for several disorders, granted service connection for tinnitus, and remanded additional claims for further development.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining outstanding private medical records.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for various conditions, including cervical spine disability, numbness of upper extremities, right shoulder impingement syndrome, allergic rhinitis, and scars.
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.