The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's perforated colon was caused by a VA provider's carelessness, negligence, or lack of proper skill during the August 2009 colonoscopy. The case will be sent back for further evaluation.
The deciding factor: The Board found that the current medical opinion did not specifically address all of the appellant's contentions regarding the physician's alleged lack of care and skill during the procedure.
- Claimed conditions
- perforated colon, small bowel resection, sigmoid colectomy with colostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2022
- Citation
- 22040658
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 22040658.
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 Veteran's claim for an increased rating and earlier effective date for Chron's disease, osteopenia, and small bowel resection was denied. The Board found that the evidence did not support a higher rating prior to August 15, 2020, or an earlier effective date.,For depressive disorder associated with Chron's disease, the Veteran's claim for an earlier effective date was also denied.
- Remanded (sent back)
The Board has remanded the case for further development to determine if the Veteran's chest pain, pleurisy, diverticulitis, perforated colon, and gastroesophageal reflux disease (GERD) are related to service. The VA will conduct a respiratory examination to assess the etiology of these conditions.
- Denied
The Board denied the Veteran's claim for service connection for lower gastrointestinal disability, finding that there was no evidence to support a direct link between his current condition and his military service.
- Dismissed
The Veteran's appeal for a rating in excess of 60 percent for prostate cancer is dismissed as he withdrew his claim. The Board also remanded the issue of compensation under 38 U.S.C. § 1151 for additional disability from a February 2021 VA colonoscopy, to include residuals of perforated colon.
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