The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to new evidence and assertions of additional disabilities, including fasciitis in his right leg and non-Hodgkin’s lymphoma.
The deciding factor: The VA examiner needs to determine if the Veteran suffered an additional disability after VA surgery and/or treatment, and whether it was caused by carelessness or negligence on the part of VA.
- Claimed conditions
- right lower extremity disorder, fasciitis in his right leg, non-Hodgkin’s lymphoma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2019
- Citation
- 19108781
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19108781.
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 Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
- Remanded (sent back)
The Board has granted service connection for bilateral pes planus. The Veteran's lumbar disorder and bilateral lower extremity radiculopathy are now secondary to his service-connected diabetes mellitus, type II. However, the Board finds that he may be entitled to service connection for a lumbar disorder and bilateral lower extremity radiculopathy as due to his bilateral pes planus. The case is remanded for further action.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for diabetes mellitus, type II and erectile dysfunction. The case is being remanded to obtain VA examinations to determine if his lumbar spine disorder, right lower extremity disorder, left lower extremity disorder, right shoulder disorder, and/or left shoulder disorder are related to his active duty service.
- Remanded (sent back)
The Board remands the claims for service connection for various disorders, including knee and lumbar spine conditions, due to inadequate medical opinions that fail to adequately separate out symptoms related to service-connected disabilities from nonservice-connected disabilities.
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