The Board has determined that new evidence was submitted after the February 2017 denial, warranting readjudication of the claims for compensation under 38 U.S.C. § 1151 for ulcerative colitis and pulmonary emphysema as a result of a VA urgent care treatment in December 2014.
The deciding factor: The new evidence submitted by the Veteran's private physician suggests that his development of ulcerative colitis and progression of pulmonary disease may be related to the antibiotic treatment he received at the VA urgent care clinic in December 2014, but it is not clear whether this was due to a foreseeable event or negligence on the part of the VA.
- Claimed conditions
- ulcerative colitis, pulmonary emphysema
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2020
- Citation
- A20018568
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A20018568.
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 Veteran's claim of entitlement to service connection for a colon condition, including as caused by herbicide agent exposure or secondary to his service-connected disabilities, was denied. The Board found that the evidence did not support a finding of service connection on any basis.
- Remanded (sent back)
The Veteran's claims for an initial evaluation in excess of 30 percent for persistent depressive disorder with anxious distress and service connection for ulcerative colitis are being remanded due to the failure to obtain relevant medical records.
- Denied
The Veteran's claim for an earlier effective date for TDIU was denied as the new evidence submitted did not raise a reasonable possibility of establishing his entitlement to TDIU. The Board found that the VA treatment records generated in the year following the September 2017 rating decision were cumulative or redundant and did not relate to an unestablished fact necessary to substantiate the claim.
- Remanded (sent back)
The Board has granted service connection for left foot plantar fasciitis and remanded the claims of service connection for irritable bowel syndrome, ulcerative colitis, and migraines secondary to insomnia.
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