The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left below the knee amputation due to complications from an infection during his VA hospitalization in June and July 2001. The case is remanded to obtain additional medical records and determine if proper care was provided at the VA facility.
The deciding factor: The decision is based on the need to obtain additional clinical records to clarify the cause of the staph infection and its role in necessitating the left below the knee amputation.
- Claimed conditions
- left below the knee amputation, staph infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2005
- Citation
- 0529493
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 0529493.
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 staph infection is granted service connection. The Board has remanded the claims for bilateral feet condition, ED, and scars related to his now service-connected staph infection.
- Denied
The appeals seeking an effective date prior to November 8, 2011, for the award of a TDIU rating and an effective date prior to November 8, 2011, for the award of basic eligibility to DEA are dismissed.,Entitlement to an initial rating in excess of 60 percent for left below the knee amputation is denied. The Veteran's service-connected disabilities do not satisfy the criteria for SMC at the (o) rate, the maximum rate authorized under 38 U.S.C. § 1114(p), or SMC at the rate intermediate between the rates authorized under (n) and (o) and SMC at the (k) rate.,Entitlement to an initial rating in excess of 20 percent for amputation of the right second toe from October 29, 2012, to November 14, 2012, is denied. The Veteran underwent a right below the knee amputation due to non-healing of his right second toe.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to incomplete records and duty-to-assist errors. The VA is required to obtain relevant SSA records, as well as provide an addendum opinion regarding the Veteran's claimed stressors and psychiatric disabilities.
- Granted
The Board granted earlier effective dates for the grants of service connection for diabetes mellitus, Type II, diabetic retinopathy, and diabetic nephropathy, as well as awards of service connection for various peripheral neuropathies and amputations.
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