The Veteran's claim for compensation under 38 U.S.C. § 1151 for hepatitis C resulting from a VA surgical procedure on September 5, 2006 is denied.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for a cervical disability resulting from a VA surgical procedure on September 5, 2006 is remanded due to the need for additional medical opinions and development of records.,The Veteran's service connection claim for hepatitis C is remanded due to the need for an addendum opinion regarding its etiology.
The deciding factor: The evidence does not demonstrate that the Veteran incurred an additional hepatitis C disability as a result of the September 5, 2006 VA surgical procedure.,Further development is necessary to obtain medical opinions based on the existing record and address the Veteran's specific contentions regarding his 38 U.S.C. § 1151 claim for his cervical spine disability.,An addendum opinion is needed to determine whether the Veteran's hepatitis C is related to his active-duty service, including his allegation of uncleaned needles during a group inoculation.
- Claimed conditions
- Hepatitis C, Cervical disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2023
- Citation
- 23047991
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 23047991.
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 decided to remand the case due to a failure to obtain a medical opinion regarding the nature and etiology of the Veteran's cervical disability. The claim will be reconsidered with this information.
- Denied
The Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
- Granted
The Board has determined that the Veteran's Hepatitis C with cirrhosis is related to service, and therefore grants service connection for these conditions.
- Partly granted
The Veteran's depressive disorder is granted as service-connected, with the Board finding it related to his active duty service and aggravated by his service-connected tibia fractures. The claim for hepatitis C is remanded due to inadequate medical opinions regarding its etiology.,Service connection for depressive disorder is established based on direct evidence of a current disability (depressive disorder) that was incurred during active duty service.
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