The Board has ordered a remand due to lack of substantial compliance with previous remand directives. The Veteran's claim for compensation under 38 U.S.C. § 1151 is being reviewed, and an addendum opinion is needed from the examiner.
The deciding factor: The decision was not fully addressed in the previous remand as it pertained to whether the Veteran's left leg disability and amputation were caused by VA surgical care and post-operative treatment.
- Claimed conditions
- left leg above the knee amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2021
- Citation
- 21065077
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 21065077.
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 has remanded the Veteran's claims for service connection for left foot amputation and left leg above the knee amputation, finding a pre-decisional duty to assist error in not obtaining VA opinions addressing these claims on a secondary basis.
- Remanded (sent back)
The Board has remanded the claims of service connection for MDS, left leg above the knee amputation, and right leg above the knee amputation due to a lack of medical opinions addressing theories of entitlement. The claim of service connection for the cause of the Veteran's death is also remanded.
- Granted
The Board has determined that the Veteran's left leg above-the-knee amputation was caused by VA negligence in providing timely surgical intervention, resulting in sepsis and necessitating the amputation. The claim for compensation under 38 U.S.C. § 1151 is granted.
- Remanded (sent back)
The Veteran's claims for service connection for diabetes mellitus type II and left leg above the knee amputation are being remanded due to incomplete development. The Board requests additional medical opinions regarding the etiology of these conditions.
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