The Board has remanded the Veteran's claim for service connection of right lower extremity neurological impairment and compensation under 38 U.S.C. § 1151 due to a lack of legal entitlement, as the proximate cause of the disability was not carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The Board found that there is no evidence showing that the Veteran's right lower extremity neurological impairment and foot drop were caused by his service-connected atrial fibrillation due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- right lower extremity neurological impairment, right foot drop
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2022
- Citation
- 22049172
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 22049172.
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 service connection for right foot drop as secondary to the service-connected lumbosacral spine condition. The claims for right ankle, right knee, and left knee conditions are remanded.
- Dismissed
The appeal seeking service connection for left lower extremity sciatica is dismissed as the benefit was granted in full. The claims for a bilateral foot condition and right lower extremity neurological impairment were denied due to lack of evidence supporting current disabilities.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of current conditions or residuals that would warrant higher ratings.
- Partly granted
The Board granted service connection for a back disability, right lower extremity radiculopathy, and right foot drop. The claim for urinary dysfunction was remanded.
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