The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for left leg disability resulting from VA hospitalization or medical or surgical treatment in January 1998. The Board has determined that additional development and consideration are needed before a final decision can be made.
The deciding factor: The claim requires further evidence to determine if the veteran's current left leg disability is at least as likely as not caused by VA hospitalization or medical/surgical treatment in January 1998, including whether it was reasonably foreseeable and due to VA negligence.
- Claimed conditions
- left lower extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2004
- Citation
- 0419078
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0419078.
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 remanded the Veteran's claims for cervical spine, lumbar spine, and bilateral lower extremity disabilities due to insufficient medical evidence of record. A new VA examination is required for these claims.
- Remanded (sent back)
The Board has decided to remand the service connection claims for an acquired psychiatric disability, PTSD, left lower extremity disability, and right lower extremity disability due to a procedural error in providing notice of the Veteran's right to a hearing before the AOJ.
- Granted
The Veteran's Parkinson's disease and related conditions have necessitated a higher level of care, including hospitalization and skilled home health care. The Board has granted SMC at the (r)(2) rate based on this need.
- Dismissed
The Veteran's appeal for service connection regarding bilateral hearing loss and a left lower extremity disability has been dismissed due to the appellant requesting withdrawal of the appeal.
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