The Board has remanded the case for a new opinion on whether the right foot fracture was caused or aggravated by service-connected conditions, specifically diabetic peripheral neuropathy and left second toe amputation. The issues of SMC under 38 U.S.C. § 1114(s) and 38 U.S.C. § 1114(l) are also remanded due to the potential impact on these benefits.
The deciding factor: The right foot fracture may have been caused or aggravated by service-connected conditions, specifically diabetic peripheral neuropathy and left second toe amputation, based on the Veteran's testimony of a fall related to his disabilities. The SMC issues must be addressed as they could be affected by the determination regarding service connection.
- Claimed conditions
- right foot fracture, diabetic peripheral neuropathy, left second toe amputation
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2021
- Citation
- 21069699
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 21069699.
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 has granted DIC benefits based on service connection for the cause of the Veteran's death, finding that his service-connected prostate cancer and its treatment caused his death due to side effects from Zytiga.
- Granted
The Veteran's lumbar radiculopathy and diabetic peripheral neuropathy of the right lower extremity are rated at 20 percent effective November 6, 2024.
- Denied
The Board has determined that the Veteran's claims for service connection have been readjudicated and are denied. The Veteran submitted new and relevant evidence in support of his claim for bilateral hearing loss, but the evidence does not establish a current disability.
- Granted
The Veteran's disability ratings for diabetic peripheral neuropathy of the right and left lower extremities were reduced, but this decision reinstates the original ratings.
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