The Board has remanded the case to obtain a supplemental medical opinion regarding whether the Veteran's left foot drop is an additional disability caused by the May 2005 spinal cord stimulator implantation procedure. The opinion should address if the proximate cause of any additional disability was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The Board is requesting a supplemental medical opinion to determine whether the Veteran's left foot drop is an additional disability caused by the May 2005 spinal cord stimulator implantation procedure and if the proximate cause was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- left foot drop, lower back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2019
- Citation
- 19176332
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.
- Denied
The Board denied the Veteran's claim for service connection for lower back pain, finding that the evidence does not support a link between the condition and his military service.
- Remanded (sent back)
The Board remands the claim for service connection for lower back pain to obtain an adequate medical opinion regarding its etiology.
- Denied
The Board denied the Veteran's claim for special monthly compensation (SMC) based on aid and attendance, as her need for assistance is not solely due to service-connected disabilities.
- Partly granted
The Board granted service connection for PTSD due to personal trauma, denied an increased rating for tinnitus, and denied service connection for bipolar disorder, hemorrhoids, lower back pain, and left knee pain.
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