The Veteran's appeal involves his claim for compensation under 38 U.S.C. §1151 due to medical care provided by the VA Medical Center in Houston, Texas from September 2011 to March 2013. The Board has determined that further development is necessary and a new examination is required.
The deciding factor: The Veteran's appeal requires additional evidence and an evaluation of whether his additional disabilities are due to carelessness, negligence, or similar instance of fault on the part of VA in furnishing treatment.
- Claimed conditions
- Hernia, Small bowel obstruction, Incarcerated hernia, Large recurrent ventral hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073844
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.
- Partly granted
The Board granted a 100 percent disability rating for PTSD and denied an earlier effective date. The claims for service connection for various conditions were remanded.
- Granted
The Board granted compensation under 38 U.S.C. § 1151 for decreased sensation of the skin of the lower abdomen, gastroparesis, and hernia due to VA treatment in December 2008.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including psychiatric disorders and peripheral neuropathies, due to a need for additional evidence and examination.
- Denied
The Board denied the Veteran's claim for a compensable disability rating for hernia, as there was no evidence of a recurrent, readily reducible hernia that required support from a truss or belt.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.