The Board has decided to remand the case due to inadequate medical opinion regarding whether the Veteran's RLE disability, including peripheral neuropathy and peroneal nerve injury, is related to his July 1999 VA surgery. The claim will be returned for further development.
The deciding factor: The VA examiner did not provide a clear indication of whether the Veteran has an 'additional disability' caused by the July 1999 RLE surgery and failed to compare the Veteran's condition before and after the medical care.
- Claimed conditions
- right lower extremity (RLE) disability, peripheral neuropathy, peroneal nerve injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2020
- Citation
- 20081764
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 Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for a bilateral foot disability to obtain further development, including adequate VA examinations and opinions.
- Denied
The Board denied the veteran's claims for a higher initial rating for other specified trauma and stressor-related disorder, service connection for peripheral neuropathy, a skin disorder of the genital region, and a right knee disability. The claim for sleep apnea was remanded.
- Dismissed
The appeal for service connection for multiple conditions was dismissed due to the untimely filing of the Board Appeal request.
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