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 assigned
- None in this 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 vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0902788.
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 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.
- 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.
- 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 The claim for tinnitus remains pending but has now been withdrawn by the Veteran.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.