The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for a medical opinion regarding whether the amputation of her left leg above the knee was caused by delay in proper diagnosis and/or treatment or carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.
The deciding factor: The decision requires an evaluation of the Veteran's claim for compensation under 38 U.S.C. § 1151 to determine if the amputation was due to delay in proper diagnosis and/or treatment or carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.
- Claimed conditions
- Blood clot in left leg, Amputation of the left leg above the knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005554
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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