The Veteran is seeking compensation under 38 U.S.C. § 1151 for left foot disability, which he contends resulted from a VA medical treatment in August 2015. The Board has ordered remand to obtain informed consent and conduct a new VA examination.
The deciding factor: The evidence is at least as balanced on whether the Veteran's current additional disability (left foot numbness and nerve damage) was caused by carelessness, negligence, or similar fault from VA treatment in August 2015. The examiner must provide rationale for any opinion given.
- 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
- December 27, 2022
- Citation
- 22071637
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 22071637.
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The Board has withdrawn claims for service connection for joint pains and muscle pain.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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.