The Veteran seeks service connection for an above-the-knee amputation of the left leg, claimed as secondary to his service-connected shell fragment wound residuals. The case is REMANDED due to incomplete VCAA notice and need for SSA records.
The deciding factor: Incomplete VCAA notice was provided in August 2001 and February 2006, and the Veteran needs additional VCAA notice regarding direct and secondary service connection as well as what evidence is needed to establish a disability rating and effective date. Additionally, copies of the Veteran's SSA records are required.
- Claimed conditions
- above-the-knee amputation of the left leg
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2009
- Citation
- 0933830
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 0933830.
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.
- Granted
The Veteran's loss of the left lower leg, for which he uses a prosthetic limb, is considered a 'static disability.' The Board finds that his continued eligibility for the VA annual clothing allowance should have already been established in previous years and thus filing an application for 2015 was unnecessary. As such, payment of a VA annual clothing allowance for 2015 is granted.
- Remanded (sent back)
The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for an above-the-knee amputation of his left leg, which he claims was caused by a November 2006 VA podiatry treatment that resulted in infection and ultimately required an amputation.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and a VA examination to address the claims of negligence in his care.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
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