The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left femur disability allegedly caused by improper treatment from VA medical staff following a motor vehicle accident in December 1979. The case has been remanded to obtain further examination and opinion regarding the current condition of the Veteran's left femur.
The deciding factor: The decision is being remanded due to the need for additional physical examination and expert opinion on the nature and etiology of any current left femur disability, as well as whether it was caused by carelessness or lack of proper skill in VA treatment.
- Claimed conditions
- left femur disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 21, 2010
- Citation
- 1003109
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. Read the original VA decision (opens in a new tab) using citation 1003109.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied compensation under 38 U.S.C. 1151 for left femur, knee, ankle, hip, and fibula disabilities due to lack of evidence showing the VA treatment was careless, negligent, or lacking in proper skill.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his failure to provide updated employment information, specifically by submitting a VA Form 21-8940. The evidence showed that he had service-connected disabilities but did not meet the criteria for TDIU as defined in the regulations.
- Remanded (sent back)
The Board has granted service connection for type II diabetes mellitus. The claims for glaucoma, gastroesophageal reflux disorder (GERD), right shoulder disability, and left femur disability are remanded due to the need for further examination and development.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various lower extremity disabilities due to inadequate examination and lack of medical records. The examiner must consider functional impairment caused by pain, even if there is no specific diagnosis.
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