The Board has decided to remand the case due to an error in the VA medical opinion regarding whether there was carelessness, negligence, or lack of proper skill in performing the lumbar spine surgery. The Veteran is seeking compensation under 38 U.S.C. § 1151 for numbness of the left lower extremity following this surgery.
The deciding factor: The VA medical opinion did not address whether there was carelessness, negligence, or lack of proper skill in performing the lumbar spine surgery that may have proximately caused the Veteran's left leg numbness.
- Claimed conditions
- numbness of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2021
- Citation
- A21018863
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 A21018863.
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 Veteran's claim for increased ratings for numbness of the right and left lower extremities was granted, with a rating of 40 percent assigned for each condition.
- Dismissed
The Veteran's motion to withdraw his claims regarding earlier effective dates for numbness of the upper and lower extremities was dismissed as he had withdrawn them himself.
- Dismissed
The Board has dismissed the appeals for service connection for numbness of the right and left lower extremities as these claims have been fully resolved by a July 2023 rating decision that granted service connection for bilateral lower extremity radiculopathy. The cervical spine disorder claim is remanded due to procedural issues.
- Denied
The Board denied service connection for residuals of cervical spine strain and its secondary effects on the Veteran's upper and lower extremities.,Service connection was also denied for numbness in both upper and lower extremities, all claimed as secondary to the cervical spine condition.
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.