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 assigned
- None in this 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 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 19119197.
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
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