The Veteran's appeal is being remanded to the AOJ for scheduling a Board hearing via videoconference and proper notification of the hearing time, date, and location.
The deciding factor: The parties agreed that the record does not contain any documents indicating that the Veteran wished to cancel the March 2013 hearing. The Board must schedule a new hearing in accordance with the JMR terms.
- Claimed conditions
- peroneal nerve injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2015
- Citation
- 1549182
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 1549182.
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 remanded the case due to a duty-to-assist error, and will consider whether the Veteran's nerve damage is related to his in-service exposure to Agent Orange.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinion regarding whether the Veteran's RLE disability, including peripheral neuropathy and peroneal nerve injury, is related to his July 1999 VA surgery. The claim will be returned for further development.
- Remanded (sent back)
The Veteran is seeking service connection for a neurological condition in his right wrist, including carpal tunnel syndrome and peroneal nerve injury, which he believes are related to his service-connected diabetes mellitus. The current examination reports do not adequately address the etiology of these conditions.
- Denied
The Veteran's additional disability following left ankle surgery performed by VA in November 2009, including peroneal nerve injury and associated symptoms such as foot pain and numbness, was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
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