The Board has remanded the case for further development, including obtaining clarifying opinions from a VA examiner regarding the foreseeability of severe postoperative infections that necessitate amputations and whether the Veteran's right foot amputation was due to carelessness or negligence on VA's part. The claims are inextricably intertwined with the issue of entitlement to compensation under 38 U.S.C.A. � 1151 for amputation of the right foot, which must be resolved first.
The deciding factor: The Board found that the evidence regarding the foreseeability of severe postoperative infections necessitating amputations and whether VA's standard of care was met is not fully developed in the record.
- Claimed conditions
- amputation of the right foot, left foot disorder, additional lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2014
- Citation
- 1430305
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 1430305.
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 Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Remanded (sent back)
The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for bilateral shoulder, hip, knee, ankle, foot, and back disorders. The underlying merits of these claims must be addressed by the AOJ.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, right foot disorder, and left foot disorder due to a lack of evidence showing that these conditions began during active service or were related to in-service injuries.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.