The Board has remanded the case due to errors in previous decisions and new evidence submitted by the Veteran. The claims for compensation for additional disability due to allegedly negligent VA surgical treatment, TDIU rating, and abdominal scarring are being reviewed.
The deciding factor: The Board found that there were factual issues regarding informed consent and requested a copy of the surgeon's curriculum vitae.
- Claimed conditions
- residuals of colon surgery, abdominal scarring, crushed artery in the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2023
- Citation
- 23015666
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 23015666.
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 compensation under 38 U.S.C. § 1151 for additional disability from abdominal surgeries due to lack of fault on the part of VA, finding that the Veteran's complications were not caused by carelessness, negligence, or other instances of fault.
- Denied
The Board denied service connection for a left hip disability and a right hip disability, finding no evidence of an in-service injury or current disability. The claim for residuals of colon surgery was remanded.
- Remanded (sent back)
The Board remands the claims for additional disability under 38 U.S.C. § 1151 due to October 2017 VA medical care (panniculectomy) and secondary service connection theories.
- Denied
The Board denied service connection for diverticulitis, residuals of colon surgery, hemorrhoids, and an eye disability, concluding these conditions were not related to the veteran's service or exposure during Project SHAD.
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