The claim for compensation under 38 U.S.C. § 1151 for gastrointestinal problems, to include resection of the small intestine and laparotomy to drain multiple abdominal abscesses, is remanded due to a pre-decisional duty to assist error.
The deciding factor: Remand is necessary due to an inadequate medical opinion addressing the May 2006 colonoscopy and missing treatment records from Ann Arundel County Hospital regarding the Veteran's reported hospitalization following the procedure.
- Claimed conditions
- gastrointestinal problems, resection of the small intestine, laparotomy to drain multiple abdominal abscesses
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065003
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 service connection for fibromyalgia, migraines, neuropsychological signs or symptoms, and a respiratory condition. The claims for an acquired psychiatric disorder, sleep disorder, lumbar spine disability, bilateral eye conditions, gastrointestinal problems, high blood pressure, and left below knee amputation were remanded.
- Granted
The Board granted an initial 10 percent rating for gastrointestinal problems, resolving any reasonable doubt in the Veteran's favor.
- Dismissed
The Veteran's appeal for service connection for hiatal hernia, hemorrhoids, and gastrointestinal problems was dismissed due to the untimely filing of the Board Appeal request.
- Granted
The Board grants an earlier effective date of May 14, 2007, for the grant of service connection for gastrointestinal problems.
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