The Board has determined that the Veteran's claim for an earlier effective date for TDIU and SMC based on loss of use of his left foot due to service-connected disability requires further review, including a VA examination to determine if he was unemployable solely due to his service-connected nerve palsy prior to March 30, 2000. The Veteran's claim also needs to be reviewed for factual ascertainability regarding the presence of complete paralysis of the external popliteal nerve and loss of use of the foot.
The deciding factor: The Board found that there is not clear evidence in the record regarding whether the Veteran was unemployable solely due to his service-connected left lower extremity disability prior to March 30, 2000. The Board also noted that the medical evidence does not clearly indicate the presence of complete paralysis of the external popliteal nerve and loss of use of the foot prior to March 30, 2000.
- Claimed conditions
- Left lower extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2011
- Citation
- 1107476
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 1107476.
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 has decided to remand the claims for service connection for hypertension, warts, and bilateral lower extremity disabilities due to errors in creating an adequate TERA memorandum and failure to obtain a TERA nexus opinion. The VA RO is required to create a new TERA memorandum considering all possible TERAs, including those related to Persian Gulf service, asbestos exposure at Fort McClellan, and the Veteran's MOS. A new TERA nexus opinion must be obtained for each of these disabilities.
- Remanded (sent back)
The Board remands the matters for further development, including obtaining adequate medical examinations to determine the Veteran's current level of disability and whether there is loss of use of both feet or legs.
- Remanded (sent back)
The Board remands the claims for a low back disability, left and right lower extremity disabilities, and an acquired psychiatric disorder to obtain additional medical evidence.
- Remanded (sent back)
The Board remands the issues of entitlement to separate compensable ratings for bilateral lower extremity and upper extremity disabilities due to insufficient medical evidence.
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