The veteran's left below-the-knee amputation is being remanded for additional development to determine if the care was negligent and whether he should be compensated under 38 U.S.C.A. § 1151.
The deciding factor: Additional evidence is needed to substantiate the claim, including signed consent forms and consultation reports.
- Claimed conditions
- left below-the-knee amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 22, 2004
- Citation
- 0426283
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 0426283.
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 remands the claims for service connection for left heel non-healing ulcer and osteomyelitis, left below-the-knee amputation, right hand Dupuytren's contracture and trigger finger, and left hand Dupuytren's contracture and trigger finger to obtain additional medical opinions.
- Granted
The Veteran's service-connected diabetes mellitus and left below-the-knee amputation rendered him in need of regular aid and attendance, which is the basis for SMC. The Board granted this benefit.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's bilateral hearing loss. The claim for service connection for left below-the-knee amputation remains denied.
- Remanded (sent back)
The Board has remanded two issues: service connection for bilateral hearing loss and left below-the-knee amputation. The Veteran's claims are being reviewed due to his failure to report for VA examinations, and the need for further medical opinions.
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