The Board has found that the VA did not obtain all requested records from the Federal Tort Claims Act (FTCA) case against VA. The case was remanded to attempt to obtain these records, but no further action has been taken yet.
The deciding factor: VA failed to complete all necessary steps in obtaining the requested records from the FTCA case as per the August 2016 Joint Motion for Remand (JMR) and January 2017 Board remand directives.
- Claimed conditions
- right above the knee amputation, left hip pain, low back pain, left leg pain and swelling
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2019
- Citation
- 19195204
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 19195204.
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.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
- Partly granted
The Board granted service connection for a left shoulder disability and GERD on a secondary basis, but denied earlier effective dates for the grant of service connection for bilateral hip pain, DEA benefits, and other issues.
- Dismissed
The appeals for service connection and initial ratings were dismissed due to an untimely Notice of Disagreement (NOD) being filed more than one year after the November 2022 rating decision.
- Dismissed
The appeal for service connection for a lumbar spine disability was dismissed due to the untimely filing of the Notice of Disagreement.
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