The veteran is seeking compensation under 38 U.S.C. § 1151 for complications from back surgery, including entrapment of the common peroneal nerve and left radiculopathy, which he claims are due to December 1996 surgery at the Cincinnati VA Medical Center. The Board has ordered additional development as requested by the Court's Order.
The deciding factor: The veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to procedural issues and the need for further examination and evidence collection.
- Claimed conditions
- left peroneal nerve compression/entrapment, left L5 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2004
- Citation
- 0419693
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 0419693.
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 Veteran's service-connected disabilities, including his back conditions and adjustment disorder, have prevented him from securing and following a substantially gainful occupation since October 22, 2009. The Board has granted TDIU on both an extraschedular basis (prior to February 14, 2011) and on a schedular basis (from February 14, 2011).
- Denied
The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis, finding that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable because of his service-connected disabilities.
- Granted
The Veteran's service-connected back and lower extremity disabilities rendered him unemployable from September 21, 2006 through September 15, 2008. The Board granted an extraschedular TDIU rating based on the benefit of the doubt.
- Dismissed
The Veteran's bilateral hip disability and other service-connected conditions have rendered him unable to secure or follow substantially gainful employment since December 4, 2008. His TDIU claim is granted.
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