The Board remands the claims for service connection for perianal abscess with anal fistula, internal and external hemorrhoids, and a gastrointestinal disability due to inadequate medical opinions.
The deciding factor: The April 2022 VA medical opinions are found to be inadequate as they did not consider all relevant evidence or provide sufficient rationale. The RO's failure to obtain adequate medical opinions constitutes a pre-decisional duty to assist error.
- Claimed conditions
- perianal abscess with anal fistula, internal and external hemorrhoids, gastrointestinal disability (claimed as gastrointestinal problems, stomach condition, diverticulitis, antral erosions, and colon polyps)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067628
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.
- Granted
The Board granted service connection for a stomach condition, as it is caused and/or aggravated by the Veteran's service-connected lumbosacral strain.
- Dismissed
The appeal with respect to entitlement to service connection for diverticulitis is dismissed due to the lack of a final decision subject to appeal.
- Remanded (sent back)
The Board remands the veteran's claims for service connection and TDIU due to new evidence that was not previously considered.
- Remanded (sent back)
The Board remands the claims for service connection of hepatitis C and conditions secondary to it, including bleeding hemorrhoids, bleeding ulcers, acute colitis, diverticulitis, inflamed rectal tissue, IBS, skin condition, tracheal burning with constant acid buildup, and urinary incontinence.
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