The Board has reopened the claim of entitlement to compensation under 38 U.S.C. § 1151 for right lower extremity nerve pain and foot drop due to negligent care, but remanded for further development.
The deciding factor: Additional evidence is needed regarding whether VA doctors failed to exercise a degree of care that is normally expected of reasonable healthcare providers in transferring the Veteran to another facility and treating his post-operative infection.
- Claimed conditions
- right lower extremity nerve pain, foot drop
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 18, 2019
- Citation
- 19119197
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19119197.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for travel expenses to the Reno VAMC on May 18, 2022 was granted as he could not have received his primary care at a closer VA facility.
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The Board has granted an effective date of October 6, 2010 for the Veteran's entitlement to special monthly compensation (SMC) based on his need for aid and attendance of another person due to service-connected disabilities.
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