The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to issues with obtaining private medical records and concerns about the surgeon's qualifications.
The deciding factor: The AOJ failed to obtain all requested private medical records, including those from a private facility identified as Prisma Health, which is not part of the VA system.
- Claimed conditions
- abdominal scarring, residuals of colon surgery, crushed artery of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2024
- Citation
- 24008794
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 24008794.
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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