The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to insufficient evidence from Duke University Health System, which is a private provider.
The deciding factor: There are currently no records available from the Duke University Health System and the AOJ has not made a finding that it is unable to obtain such records because it has never requested them or followed up with the Veteran regarding his rejected authorization to obtain such records.
- Claimed conditions
- anastomotic leak, painful abdominal scarring, right iliac artery occlusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2020
- Citation
- 20077783
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 20077783.
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 Veteran's new or additional disabilities, including diverticulitis and anastomotic leak complications, were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during his June 1, 2010 sigmoidectomy at Huntington VAMC. The Board found that these disabilities were proximately caused by VA treatment and granted compensation under 38 U.S.C. § 1151.
- Granted
The Veteran's additional disabilities, including anastomotic leak, intrabdominal abscess, and stoma wound dehiscence, were caused by the January 2009 VA surgery and aftercare. The Board grants benefits under 38 U.S.C. § 1151.
- Remanded (sent back)
The Board has remanded the claims for compensation under 38 U.S.C. § § 1151 due to a duty to assist error in the March 2016 VA examiner's opinion, which was not based on an accurate factual basis and did not adequately discuss important aspects of this matter.
- Remanded (sent back)
The Board has remanded the case to obtain a medical opinion regarding the cause of the Veteran's death, specifically whether any peritoneal adhesions and intestinal obstruction from the surgery in 1954 are related to one of the causes listed on his death certificate (ulcer disease during service).
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