The Board has determined that the Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 for removal of rectum and donut, hernia, and 13 inches of colon removed with pain and suffering should be remanded due to a pre-decisional duty to assist error in not obtaining the full consent document prior to adjudication.
The deciding factor: The Board finds that there was an error in not obtaining the Veteran's signed informed consent form for his June 2016 rectal surgery, which is required under the AMA and VA regulations. This error occurred prior to the AOJ decision on appeal.
- Claimed conditions
- rectal cancer, residuals of rectal cancer surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 14, 2021
- Citation
- A21019830
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. Read the original VA decision (opens in a new tab) using citation A21019830.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's rectal cancer is related to his active duty service and exposure to Agent Orange. The Board granted service connection for the condition.
- Whole decision: Denied
The Board denied service connection for rectal cancer and the cause of the Veteran's death, finding that there was no evidence linking these conditions to service or a service-connected disability.
- Whole decision: Denied
The Board denied service connection for colorectal cancer, finding that the evidence did not establish a chronic condition in service or a relationship to service.
- Whole decision: Granted
The Board has determined that the Veteran's rectal cancer is related to his presumed in-service exposure to herbicides, specifically Agent Orange. The decision grants service connection for this condition.
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