The Veteran's appeal is being remanded due to the need for additional development regarding his claims for compensation under 38 U.S.C. § 1151, special monthly compensation (SMC), and total disability rating based upon individual unemployability (TDIU).
The deciding factor: Additional medical opinions are needed to determine if VA's care caused or contributed to the Veteran's additional disabilities.
- Claimed conditions
- gangrene, right below-the-knee amputation (BKA), loss of use of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2015
- Citation
- 1543807
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 1543807.
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's appeal for special monthly compensation (SMC) benefits related to loss of use of the right and left lower extremities, as well as need for aid and attendance or housebound status, has been remanded due to additional evidence being added to his claims file. The case will be reconsidered by the RO.
- Granted
The Board has determined that the Veteran's disabilities, including cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, and loss of use of right lower extremity, were caused by carelessness or negligence on the part of VA. As a result, the Veteran is entitled to compensation under 38 U.S.C. § 1151.
- Granted
The Veteran's cause of death, including diabetes mellitus type II and ischemic heart disease, are now presumed to be related to his in-service herbicide agent exposure. Therefore, the appeal for service connection for cause of death is granted.
- Dismissed
The appeal was dismissed due to the Veteran's death, and no compensation under 38 U.S.C. § 1151 is granted for status post amputations of 2nd and 5th toes of right foot for infection and gangrene.
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