The Veteran's appeal for SMC based on the loss of use of his right foot is being remanded due to insufficient evidence regarding whether he would be equally well served by amputation and a prosthesis.
The deciding factor: The Board found there was insufficient evidence to determine if the Veteran’s service-connected disabilities result in no effective function remaining in his right foot other than what could be achieved with an amputation and prosthetic.
- Claimed conditions
- right ankle fracture, right lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2020
- Citation
- 20074925
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 left and right lower extremity peripheral neuropathy, finding that the conditions are related to Agent Orange exposure during the Veteran's service in Vietnam.
- Partly granted
The appeal was granted for service connection for latent tuberculosis and dermatitis of the face, while other claims were denied.
- Denied
The Board denied service connection for segmental colitis associated with diverticulosis, small bowel obstruction, to include small bowel perforation, status post left hemicolectomy, Hartman's pouch and ileostomy (bowel condition), as well as right and left upper and lower extremity peripheral neuropathy.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral lower extremity peripheral neuropathy due to a finding that an adequate VA medical opinion was not obtained.
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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.