The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a left femoral bypass graft performed at VA in May and July 2004. The case has been remanded to obtain informed consent records, review the medical records, and determine if any additional disability was caused by VA treatment.
The deciding factor: The decision is being remanded due to the need for informed consent records and a thorough review of the medical records to determine causation and foreseeability.
- Claimed conditions
- left femoral bypass graft, left ankle and foot weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2010
- Citation
- 1044008
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 1044008.
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 Veteran is seeking compensation for residuals of a left femoral bypass graft, including left ankle and foot weakness, as a result of treatment at a VA medical facility in May and July 2004. The case has been remanded due to the need to determine if any additional disability was caused by fault on the part of VA's furnishing care.
- Denied
The Board has determined that the veteran's current left ankle and foot weakness are not due to VA medical treatment, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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