The Board has remanded the case due to incomplete medical records and the need for a VA physician's opinion regarding whether the veteran's service-connected conditions contributed to his death.
The deciding factor: Incomplete medical records were found, necessitating their acquisition. A VA physician will provide an opinion on the likelihood that the veteran's service-connected disabilities contributed to his death.
- Claimed conditions
- residuals of cold injury to the ears, residuals of cold injury to both lower extremities, left below the knee amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2008
- Citation
- 0843916
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 0843916.
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 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.
- 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.
- Granted
The Veteran's TDIU claim was granted effective August 15, 2014. The VA also awarded eligibility for Dependents' Educational Assistance (DEA) benefits effective the same date.,An earlier effective date of August 15, 2014, was granted for both the TDIU and DEA benefits due to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about medication use and blood circulation issues that may have contributed to his amputations.
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