The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for additional disability from various abdominal surgeries is reopened due to new and material evidence being submitted. The case is REMANDED as missing VA treatment records need to be obtained, including those related to procedures in 2006-2012 at the San Juan VAMC. A new opinion is needed regarding whether any additional disability was caused by carelessness or negligence on the part of VA.
The deciding factor: The case requires obtaining missing VA treatment records and a new medical opinion due to incomplete information about the Veteran's surgeries and potential complications.
- Claimed conditions
- abdominal deformity, psychological problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007113
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.
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- Remanded (sent back)
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