The Board has determined that the VA did not substantially comply with its prior remand directives and thus, an additional remand is required to obtain a medical opinion from a gastroenterologist or abdominal surgeon.
The deciding factor: The VA failed to provide a specialist in gastroenterology or abdominal surgery as requested by the Board's February 2019 remand, which was necessary for determining whether the Veteran sustained any additional disability following the laparoscopic cholecystectomy and if such disability is related to the procedure.
- Claimed conditions
- Additional disability associated with removal of the gallbladder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068258
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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