The Veteran seeks compensation for right peroneal nerve palsy under the provisions of 38 U.S.C.A. § 1151 due to a total knee arthroplasty (TKA) re-revision surgery in May 1997. The Board has found that additional development is needed, including obtaining consent documents and handwritten notes from VA Medical Center regarding the Veteran's surgeries.
The deciding factor: The Board determined that the previous remand instructions were not substantially complied with due to insufficient attempts at securing records prior to the surgeries in question.
- Claimed conditions
- right peroneal nerve palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2012
- Citation
- 1239891
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 1239891.
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.
- Granted
The Board has determined that the veteran's claims for service connection for right peroneal nerve palsy and diabetes mellitus secondary to his service-connected frozen feet are well grounded. The RO is directed to schedule a VA examination to determine if there is a relationship between the veteran's service-connected disabilities and his current conditions, including degenerative joint disease of both feet and bilateral hammertoe deformities. If appropriate, the RO should readjudicate the claims for service connection and individual unemployability.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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