The Board has decided to remand the issues of entitlement to compensation under 38 U.S.C. § 1151 for ventral hernia (hernia in abdomen) and scars, extremities or trunk as secondary to ventral hernia (hernia in abdomen). This is due to a duty to assist error that occurred prior to the original October 2024 rating decision addressing the claim on the merits. The RO did not obtain a VA medical opinion to determine if the proximate cause of the Veteran's claimed disabilities was VA carelessness, lack of proper skill, or error in judgment.
The deciding factor: The Board found that there was a duty to assist error due to the failure to obtain a VA medical opinion regarding whether the proximate cause of the Veteran's additional disability was VA carelessness, negligence, lack of proper skill, or an event not reasonably foreseeable.
- Claimed conditions
- Ventral hernia (hernia in abdomen), Scars, extremities or trunk
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2026
- Citation
- A26004913
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 A26004913.
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
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