The Board has remanded the case due to insufficient reasoning in its decision regarding the effective date for special monthly compensation based on loss of use of the right lower extremity. The Veteran's condition was found to have manifested with functional loss prior to January 23, 2002.
The deciding factor: The Board did not adequately explain why the evidence of record merited a finding that, prior to January 23, 2002, the remaining function in the Veteran's right lower extremity would be equally well served by an amputation stump with prosthesis.
- Claimed conditions
- Right lower extremity disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2019
- Citation
- 19185739
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19185739.
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 Board dismissed the Veteran's claims for service connection of a right lower extremity disability and left lower extremity radiculopathy, as well as her eligibility for specially adapted housing. The decision also granted her eligibility for special home adaptation due to permanent total service-connected disabilities.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for hypertension, warts, and bilateral lower extremity disabilities due to errors in creating an adequate TERA memorandum and failure to obtain a TERA nexus opinion. The VA RO is required to create a new TERA memorandum considering all possible TERAs, including those related to Persian Gulf service, asbestos exposure at Fort McClellan, and the Veteran's MOS. A new TERA nexus opinion must be obtained for each of these disabilities.
- Remanded (sent back)
The Board has determined that additional medical opinions are needed to properly address the Veteran's claim for compensation under 38 U.S.C. § 1151 due to his cervical spine surgeries, as there were gaps in the reasoning provided by the examiner regarding whether the disability was aggravated or unforeseeable.
- Remanded (sent back)
The Board remands the matters for further development, including obtaining adequate medical examinations to determine the Veteran's current level of disability and whether there is loss of use of both feet or legs.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.