The Veteran's claim for a compensable rating for residuals of fracture of right great toe is remanded due to the need for a new VA examination.,The Veteran's claim for service connection for a back disorder, secondary to his service-connected residuals of fracture of right great toe, is remanded due to inadequate previous VA examination and opinion.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for left leg nerve damage is remanded due to the need for a new VA examination and medical opinion.
The deciding factor: A new VA examination is needed as the Veteran’s condition has worsened since his last VA examination.,The previous VA examination did not properly consider the theory of secondary service connection, and provided limited rationale. A new VA examination and corresponding medical opinion are required to provide a clear rationale for any opinions offered.,VA treatment records show that the Veteran underwent back surgery in February 2010 with complications resulting in nerve damage to his left leg. The need for a new VA examination is due to the lack of adequate information regarding informed consent, and whether there was negligence or error in judgment on the part of VA.
- Claimed conditions
- residuals of fracture of right great toe, back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179251
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 withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
- Denied
The Board denied service connection for a left shoulder disorder, right shoulder disorder, back disorder, and neuropathy as the evidence did not support a finding that these conditions were related to the Veteran's military service.
- Remanded (sent back)
The Board remands the case for further development and verification of any additional periods of active duty, ACDUTRA, or INACDUTRA.
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