The Veteran's claims for compensation under 38 U.S.C. § 1151 and a temporary total disability rating are remanded due to insufficient evidence regarding informed consent for the left hip replacement surgery. The service connection issues for toxemia and toxic thyroid goiter are also remanded as there is no Statement of the Case issued.
The deciding factor: The Board cannot determine if informed consent was obtained for the March 2011 left hip replacement due to insufficient evidence, which could affect the compensation claim under 38 U.S.C. § 1151 and the temporary total disability rating claim.
- Claimed conditions
- left femur fracture, toxemia, toxic thyroid goiter
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2019
- Citation
- 19168060
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 19168060.
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 appeal for a higher rating for his left femur fracture with degenerative arthritis of the left knee was dismissed because there was no appealable decision on this issue in the year preceding the June 2021 Notice of Disagreement.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not prevent him from securing and following substantially gainful employment.
- Remanded (sent back)
The Board remands the case to obtain additional evidence and ensure compliance with prior remand directives.
- Granted
The veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities from December 28, 2003, to February 6, 2011.
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