The appeal is remanded to obtain additional medical opinions regarding the veteran's claims for compensation under 38 U.S.C.A. § 1151 for left peroneal nerve injury and Klebsiella urinary tract infection resulting from treatment received during a hospitalization in a VAMC in March 2005.
The deciding factor: The current medical opinions are deemed inadequate, and new opinions must be obtained to address the issues of VA fault, foreseeability, and causation.
- Claimed conditions
- Klebsiella urinary tract infection, left peroneal nerve injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 27, 2009
- Citation
- 0902788
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0902788.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a left peroneal nerve injury that occurred after his left knee total arthroplasty, finding no evidence of negligence or lack of informed consent.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a bilateral neurological disorder of the lower extremities, as well as his increased ratings and compensable rating claims. The Veteran is to be scheduled for an examination by an appropriate clinician to determine the nature and etiology of a neurological disorder in the lower extremities.
- Whole decision: Dismissed
The Veteran's claims for PTSD, left peroneal nerve injury, and lumbar spine disability have been resolved by a September 2013 rating decision. The claim for tinnitus remains pending but has now been withdrawn by the Veteran.
- Whole decision: Granted
The Board has granted an initial rating of 20 percent for the Veteran's resolved left distal fibular fracture status post-surgical repair with residual left ankle tendonitis, effective December 2, 2009. The previous 10 percent rating is maintained prior to that date.
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