The Veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for a staph infection resulting from VA hip replacement surgery in September 2007, and the case is being remanded to obtain additional medical records and conduct an examination.
The deciding factor: The claim requires additional evidence and development due to uncertainty regarding causation of current lower extremity disability and potential negligence by VA.
- Claimed conditions
- lower extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2009
- Citation
- 0936027
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 0936027.
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: Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Whole decision: Partly granted
The Board granted a 10 percent disability rating for the service-connected scar, status-post appendectomy, but denied all other claims for increased ratings and service connection.
- Whole decision: Partly granted
The veteran's service connection for tinnitus, back disability, neck disability, and depression was granted. Other claims were remanded for further review.
- Whole decision: Granted
The Veteran's service-connected back and lower extremity disabilities resulted in the need for regular aid and attendance as of January 4, 2014. Effective from that date, he is entitled to special monthly compensation (SMC) based on aid and attendance.
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