The Board has ordered a remand due to the failure of VA to comply with its previous instructions and obtain necessary medical records. The Veteran's claim for compensation under 38 U.S.C. § 1151 is being reviewed again.
The deciding factor: The decision was not about service connection, but rather whether the Veteran received appropriate care from VA that resulted in an additional disability.
- Claimed conditions
- bile reflux, dumping syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2020
- Citation
- 20077728
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 20077728.
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.
- Remanded (sent back)
The Board remands the matter for further development, including obtaining private treatment records and a clarifying addendum medical opinion on the current severity of the Veteran's post-operative hiatal hernia to include gastroparesis and dumping syndrome with post-prandial hypoglycemia.
- Granted
The Board has granted service connection for colon cancer and dumping syndrome, finding that the Veteran's conditions are at least as likely as not related to his exposure to contaminated water at Camp Lejeune during military service.
- Granted
The Veteran's dumping syndrome and gastric ulcer are granted a 40 percent rating, effective from July 12, 2010.
- Remanded (sent back)
The Board has found new and relevant evidence since the September 2010 rating decision, warranting readjudication of the claim for service connection for GERD. The case is now remanded to determine if GERD is related to service or a service-connected disability.
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