The Board has decided to remand the case due to inadequate medical opinions regarding potential negligence in the surgical procedure resulting in right peroneal nerve injury and sensory neuropathy.
The deciding factor: The provided medical opinions are insufficient, and a new opinion is required to address whether the Veteran's unstable right knee resulted from carelessness, negligence, or similar instance of fault on the part of VA.
- Claimed conditions
- right peroneal nerve injury, sensory neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180255
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.
- Remanded (sent back)
The Veteran's germ cell cancer in remission is granted. The claims for sensory neuropathy, hypercholesterolemia, high blood pressure, hearing loss, tinnitus and Raynaud’s phenomenon are remanded due to lack of current diagnoses. The claim for PTSD is also remanded.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.