The Veteran's request to reopen his claim for compensation under 38 U.S.C. § 1151 for colon perforation has been granted, and the issue of service connection for diabetes, lumbar spine disability, bilateral knee disability, and hearing loss is remanded.
The deciding factor: The evidence received since the May 2011 rating decision shows that the Veteran did not provide informed consent for his colonoscopy, which may have contributed to his perforation. The claim will be reopened as new and material evidence has been submitted.
- Claimed conditions
- colon perforation, diabetes, lumbar spine disability, bilateral knee disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2021
- Citation
- 21075817
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 21075817.
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.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Remanded (sent back)
The Board has remanded the claims for a neurological examination to determine if any diagnosed radiculopathy or other neurological disability affecting the lower extremities was caused or aggravated by service-connected conditions.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
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