The Veteran's bowel duct problems and scar are being remanded for further evaluation due to inadequate medical opinion regarding the relationship between her conditions and VA treatment. The issue of service connection is also being remanded.
The deciding factor: The Board found that an adequate medical opinion was not provided, particularly regarding whether the Veteran's bowel duct problems were caused by or worsened as a result of VA treatment carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
- Claimed conditions
- perforated bile duct, retroperitoneal abscess, sphincterotomy, infection, hematoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2022
- Citation
- 22062049
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 22062049.
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.
- Remanded (sent back)
The Board has determined that the VA medical opinion obtained in October 2023 is inadequate and constitutes a pre-decisional duty to assist error. The Veteran's claim of entitlement to compensation benefits under 38 U.S.C. 1151 for infection and inflammatory reaction due to internal right knee prosthesis, due to treatment by VA, is remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions, including hypertension, type II diabetes mellitus (DMII), skin rash, infection, cardiomyopathy, fluid around the heart, mesothelioma, and PTSD. The AOJ is required to verify the Veteran's exposure to toxins, including asbestos, and herbicide agents during his active service.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for an infection, status post total right knee replacement is denied because he did not have a current disability characterized as an infection of the right knee during the claim period.
- Dismissed
The Veteran's appeal for service connection on multiple conditions has been dismissed due to the death of the Veteran.
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