The Board has remanded the case due to a failure to obtain a medical opinion from a podiatrist as per the February 2019 Board remand. The Veteran is seeking compensation under 38 U.S.C. § 1151 for an additional disability resulting from VA treatment of his left foot callus.
The deciding factor: The Board found that the AOJ did not comply with the remand instructions and thus a new medical opinion from a podiatrist is needed to determine if the Veteran suffered an additional disability due to VA care, and whether it was caused by negligence or lack of proper skill on the part of VA.
- Claimed conditions
- left foot callus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19177859
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
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