The Board has decided to remand the case for further development, including obtaining additional VA treatment records and arranging for a VA examination. The examiner will need to determine if there is any additional right foot disability present after the Veteran's December 2011 ORIF procedure, whether such disability is related to VA care or the Veteran's failure to follow medical instructions, and whether it was due to VA fault.
The deciding factor: The Board found that the previous examination did not adequately address these issues and thus remanded for a new examination.
- Claimed conditions
- Charcot foot, Diabetic ulcer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2021
- Citation
- 21069177
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 21069177.
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 decided to remand the case due to inadequate opinions regarding the relationship between the Veteran's service-connected disabilities and his obstructive sleep apnea (OSA). The VA must provide a new opinion addressing whether OSA was caused or aggravated by these conditions.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for Charcot foot and right leg amputation should be remanded due to a duty to assist error, as well as potential PACT Act requirements.
- Granted
The Veteran's temporary total rating for convalescence following his left foot surgery is granted from August 21, 2017, to February 28, 2018.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding the cause of any right foot disability and whether it is related to VA treatment, specifically the ORIF procedure. The Veteran needs to provide authorization for VA to obtain his private treatment records.
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