The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for an independent medical expert opinion to determine if he has a current right leg disability and whether it was caused by VA care or treatment.
The deciding factor: The decision is remanded because the existing opinions are inadequate and require further evaluation from an independent medical expert.
- Claimed conditions
- loss of use of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2019
- Citation
- 19113008
Veterans Law Judge
Decisions by this judge: 631 · Granted: 21% (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 19113008.
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 diabetes mellitus, obstructive sleep apnea, urinary incontinence, erectile dysfunction, loss of use of the left leg, and loss of use of the right leg due to insufficient evidence regarding their etiology. The Veteran is also being asked to provide a VA examination to determine the current severity of his asthma.
- Denied
The Veteran's paraplegia and lower extremity contractures, also claimed as loss of use of the right leg and loss of head and neck of the right femur, and status post right hip arthroplasty and prosthesis removal, also claimed as loss of hip joint, are not deemed to be due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA medical personnel. The Veteran's conditions were determined to have been the result of his own underlying health conditions.
- Granted
The Board granted the veteran's claims for service connection for PTSD and a temporary total disability rating due to hospitalization from November 5, 2000 to December 14, 2000. The other issues were not addressed as they were withdrawn by the appellant.
- 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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