The Board has ordered the case to be remanded due to inadequate compliance with previous remand directives regarding compensation under 38 U.S.C. § 1151 for VA medical treatment and care in 2012, including left leg below the knee amputation, right hip replacement, deep vein thrombosis, pulmonary emboli residuals, erectile dysfunction, and depression.
The deciding factor: The remand is required to address all the July 2018 remand directives regarding whether the Veteran has 'additional disability' caused by VA medical care or treatment in 2011 and 2012, and if so, whether it was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical care or treatment.
- Claimed conditions
- left leg below the knee amputation (BKA), right hip replacement, deep vein thrombosis, pulmonary emboli, erectile dysfunction, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2019
- Citation
- 19163051
Veterans Law Judge
Decisions by this judge: 961 · Granted: 20% (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 19163051.
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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
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.