The Veteran's death is being reviewed for DIC under 38 U.S.C. § 1151 due to alleged negligent care during a gastric surgery at the Tucson VA Medical Center. The Board has ordered additional development, including obtaining missing informed consent documents and autopsy reports.
The deciding factor: Additional medical records are needed to determine if there was negligence in the September 2021 gastric surgery that resulted in an additional disability or residuals.
- Claimed conditions
- Additional disability or residuals from the September 23, 2021 gastric surgery
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2023
- Citation
- A23037044
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 A23037044.
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
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.