The Board has remanded the case due to unclear treatment of the appellant's lay statements regarding the Veteran's left femur condition and its effects on his legs and feet. A VA medical opinion is needed to determine if the symptoms are related to the service-connected condition and if they indicate marked disability.
The deciding factor: The Court found that the Board’s decision was unclear as to whether it was rejecting evidence or making an independent medical judgment regarding the appellant's lay statements.
- Claimed conditions
- left femur fracture, peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100041
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 remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for a bilateral foot disability to obtain further development, including adequate VA examinations and opinions.
- Denied
The Board denied the veteran's claims for a higher initial rating for other specified trauma and stressor-related disorder, service connection for peripheral neuropathy, a skin disorder of the genital region, and a right knee disability. The claim for sleep apnea was remanded.
- Dismissed
The appeal for service connection for multiple conditions was dismissed due to the untimely filing of the Board Appeal request.
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