The veteran is seeking compensation under 38 U.S.C.A. § 1151 for amputation of the right leg below the knee with residual dizziness due to medication, and entitlement to specially adapted housing. The case has been remanded for further development including obtaining additional medical records and a VA medical opinion.
The deciding factor: The case is being remanded because there are outstanding medical records that need to be reviewed by a VA examiner to determine if the veteran incurred a chronic disability or suffered additional disability as a result of the November 2002 surgery, and whether any such disability was proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA facility.
- Claimed conditions
- amputation of the right leg below the knee, residual dizziness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2008
- Citation
- 0820899
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 0820899.
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.
- Denied
The Board denied the Veteran's claims for service connection for diabetes mellitus, type II and amputation of the right leg below the knee as secondary to diabetes mellitus, type II due to exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to his military service.
- Denied
The Board denied service connection for diabetes mellitus, amputation of the left big toe, and amputation of the right leg below the knee. The Veteran's diabetes mellitus was not presumed to be related to his military service due to lack of exposure to herbicide agents.,Service connection for the lower extremity disabilities (left big toe and right leg) could not be granted as they were found to be secondary to the Veteran's service-connected diabetes mellitus.
- Granted
The Veteran's claims for service connection have been granted, with diabetes mellitus, type II and its associated peripheral neuropathy of the upper and lower extremities as well as amputation of the right leg below the knee being found to be related to his in-service herbicide exposure.
- Dismissed
The Veteran withdrew his appeal for service connection of amputation of the right leg below the knee, and the Board dismissed the claim.
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