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
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 Board granted the Veteran's appeal for compensation benefits under 38 U.S.C. 1151 for the amputation of the right great toe due to treatment at the Lexington Veterans Administration Medical Center, as the additional disability was not a reasonably foreseeable event.
- Remanded (sent back)
The Veteran's initial rating for arteriosclerotic heart disease (coronary artery disease) is denied as it does not meet the criteria for a higher rating. The amputation of the right great toe, including as secondary to diabetes mellitus, type II, is remanded due to insufficient evidence.
- Denied
The veteran does not meet the criteria for special monthly pension based on the need of regular aid and attendance or being housebound due to his disabilities.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.