The appeal is being remanded to the RO for further development, including obtaining additional evidence and readjudicating the claim.
The deciding factor: Further development is necessary due to the Veteran's refusal to report for examination and the need to obtain private medical records.
- Claimed conditions
- osteomyelitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2009
- Citation
- 0906435
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.
- Remanded (sent back)
The Board is remanding the claim for service connection of the Veteran's cause of death due to a predecisional duty to assist error in not obtaining relevant medical records from the state veteran's home.
- Granted
The Veteran's requirement for assistance with activities of daily living was granted as a result of his service-connected left and right foot disabilities, specifically due to osteomyelitis.
- Dismissed
The Board dismissed the appeals for service connection for osteomyelitis and amputation above the knee, left as secondary to osteomyelitis. The claims for bilateral hearing loss and tinnitus were granted.
- Remanded (sent back)
The Board remands the claims for service connection and an initial rating for MRSA residuals, as well as secondary conditions related to those residuals, due to inadequate medical opinions.
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.