The Board has remanded the case for further development to determine if the Veteran's bilateral lower extremity peripheral neuropathy is caused by or a result of his February 2013 right shoulder surgery, and whether it was reasonably foreseeable as an ordinary risk of the treatment.
The deciding factor: Further medical opinion is needed to address causation and foreseeability in the context of the Veteran's specific case.
- Claimed conditions
- Bilateral lower extremity (BLE) peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2023
- Citation
- 23006084
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 23006084.
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 Veteran's claim for service connection for bilateral lower extremity peripheral neuropathy is granted. The Board also finds that the Veteran has a diagnosed BUE condition, to include peripheral and idiopathic neuropathy, that may be related to his period of service, including as due to herbicide exposure. However, further examination is needed to determine if this relationship exists.
- Denied
The Board denied the Veteran's claims for service connection for bilateral lower extremity peripheral neuropathy, finding that it did not have its onset during active service or within a year of separation. The claim was also denied on a presumptive basis due to herbicide agent exposure as early-onset peripheral neuropathy is not listed among the diseases associated with such exposure.
- Granted
The Board has determined that the Veteran's bilateral lower extremity peripheral neuropathy is related to his service-connected diabetes mellitus type II, and thus grants service connection for this condition.
- Denied
The Board has denied the Veteran's claim for service connection for bilateral lower extremity peripheral neuropathy, finding that it is not related to active service and does not meet the criteria for secondary service connection due to a service-connected condition.
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.