The Veteran's amputation of the right great toe is being remanded for further development due to a lack of an independent medical opinion, and the need to address whether it was caused by neglect or improper treatment at VA facilities.
The deciding factor: An expert medical opinion from a vascular surgeon is needed to determine if the disability was proximately caused by VA treatment.
- Claimed conditions
- Right leg, Right foot, Amputation of the right great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19145349
Veterans Law Judge
Decisions by this judge: 1,960 · Granted: 36% (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 19145349.
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 Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his surgeries and post-surgical care resulted in additional disabilities, as well as an evaluation of fault on VA's part.
- Denied
The Board has determined that the Veteran's claimed disabilities of right and left knee, right and left foot, and thoracolumbar spine are not service-connected as they were not shown to be incurred or aggravated during his military service.
- Remanded (sent back)
The Board has determined that further development is needed for the remaining issues on appeal due to failure to appear at scheduled VA examinations. The case will be returned to the Board after compliance with appellate procedures.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for status post Hemi implant, right foot and left foot as there was no evidence of additional disability resulting from VA treatment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.