The Veteran seeks compensation under 38 U.S.C.A. § 1151 for right below-the-knee amputation resulting from substandard care and treatment by VA between November 2005 and January 2006. The Board has determined that a remand is necessary to obtain an independent medical opinion and review the claims folder.
The deciding factor: The Veteran's claim requires clarification regarding the cause of his right below-the-knee amputation, specifically whether it was due to substandard care provided by VA during treatment for right foot symptoms prior to the surgery. The Board needs additional evidence to determine this issue.
- Claimed conditions
- right below-the-knee amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2012
- Citation
- 1216610
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 1216610.
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.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
- Granted
The Veteran's accrued benefits are granted for the remaining unreimbursed amount of $3,643.50 due to his burial and funeral expenses.
- Denied
The Board denied the Veteran's claim for service connection for right below-the-knee amputation, finding that there was no evidence to support his assertion of being en route to report for duty at the time of the accident. The decision is based on a lack of credible evidence and inconsistencies in the Veteran's statements.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and eligibility for specially adapted housing due to incomplete information in his medical records. The Veteran is currently receiving a combined 100% disability rating, but does not meet the criteria for special home adaptation grant eligibility.
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