The Veteran's claim for compensation under 38 U.S.C. § 1151 due to left foot disability caused by a VA surgery is remanded as the Board finds that an opinion is required regarding the nature and extent of his foot numbness, whether it was proximately caused by carelessness or negligence on the part of VA, and if any additional disability was reasonably foreseeable.
The deciding factor: The Veteran's left foot disability may be related to a prior condition but the current surgery could have contributed. The Board requires an opinion regarding causation and foreseeability.
- Claimed conditions
- left foot numbness, nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2022
- Citation
- 22042992
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 22042992.
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 Veteran's claims for an initial compensable rating for pruritus and service connection for nerve damage are being remanded due to duty-to-assist errors.
- Granted
The Veteran's service-connected conditions, including stroke, neck condition, headaches, and nerve damage, prevent her from securing or maintaining substantially gainful employment. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for arthritis and nerve damage due to his Gulf War service.
- Remanded (sent back)
The Board has withdrawn claims for service connection for joint pains and muscle pain. The remaining issues of service connection for right hand, left hand, left knee, seizures/tremors, immune disorder, and nerve damage are remanded due to duty-to-assist errors.
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