The Board has remanded two separate claims for compensation under the provisions of 38 U.S.C. § 1151 due to alleged adverse effects from Avelox administered by VA in March 2013. The remand requires obtaining additional medical records and an addendum opinion addressing whether the Veteran's peripheral neuropathy is related to this treatment.
The deciding factor: The Board found that there was insufficient evidence regarding the etiology of the Veteran's lower extremity peripheral neuropathy, specifically if it was caused by Avelox administration in March 2013 and whether such an event was reasonably foreseeable.
- Claimed conditions
- Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127305
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 19127305.
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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both lower extremities to obtain a VA medical opinion regarding whether the current condition is caused or aggravated by the Veteran's service-connected diabetes mellitus type II.
- Denied
The Board denied the Veteran's claims for higher initial ratings for peripheral neuropathy of both lower extremities, finding that his symptoms did not meet the criteria for a compensable rating.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both upper and lower extremities, to include as due to herbicide agent exposure, for compliance with a Court order regarding the provision of an examiner's curriculum vitae.
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