The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for residuals of spontaneous infection, right second toe, status post incision and drainage. The claim is being remanded to obtain a supplemental opinion from the examiner who provided the November 2014 and January 2015 VA opinions or an appropriate substitute. The Veteran's TDIU claim is also being remanded for contemporaneous adjudication.
The deciding factor: The Board found that the June 2010 VA examination was inadequate to adjudicate the Veteran's claim because it did not address whether there is evidence of carelessness, negligence, lack of proper skill, error in judgment or similar incidences of fault by VA medical personnel with respect to initially diagnosing and treating the Veteran on April 6, 2010.
- Claimed conditions
- residuals of spontaneous infection, right second toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2016
- Citation
- 1644367
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 1644367.
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 found that there has not been substantial compliance with the prior February 2018 remand directives and, therefore, adjudication of these claims must be delayed. The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to a lack of an addendum opinion from a different examiner than who conducted the previous examinations.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development to address the issues of compensation under 38 U.S.C. § 1151 and TDIU.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain a supplemental opinion regarding the June 2010 VA examination and to adjudicate his claim of entitlement to compensation under 38 U.S.C.A. § 1151 for residuals of spontaneous infection, right second toe, status post incision and drainage. The TDIU issue is also being remanded.
- 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.
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