The Board has remanded the case for further development, including obtaining VA treatment records and an opinion from a clinician regarding whether the proximate cause of rectal bleeding and right hemicolectomy was carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The clinician is also asked to determine if there are any other additional disabilities caused by the January 2011 VA colonoscopy.
The deciding factor: The Board found that an opinion was still necessary regarding whether the proximate cause of the rectal bleeding and right hemicolectomy were due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
- Claimed conditions
- rectal bleeding, right hemicolectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080495
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 service connection for a bilateral eye disability (pinguecula and dry eye syndrome) on a direct basis, but dismissed claims for earlier effective dates and service connections for PTSD, rectal bleeding, left leg condition, and other neuropathies. The Board also denied an earlier effective date for the 50 percent rating for migraine headaches.
- Remanded (sent back)
The Board remands the claims for service connection for celiac disease, rectal bleeding, erectile deformity (other than erectile dysfunction), high blood pressure, and chest pain to the VA Regional Office for issuance of a Statement of the Case.
- Dismissed
The Board dismissed the motions for revision of clear and unmistakable error in various rating decisions, including those related to service connection and ratings for multiple conditions. The claims for service connection were remanded.
- Partly granted
The Board granted an initial rating of 50 percent for migraines and remanded the claims for service connection for bilateral dry eyes and rectal bleeding due to pre-decisional duty to assist errors.
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