The Board has decided to remand the Veteran's claim for compensation under 38 U.S.C. § 1151 due to inadequate opinions and missing records, specifically the informed consent document from October 28, 2015.
The deciding factor: The decision is remanded because the provided opinions are contradictory and insufficient in addressing whether the Veteran's right foot paralysis / foot drop was an additional disability caused by his November 3, 2015, surgery or if it was an unforeseeable event.
- Claimed conditions
- right foot paralysis / foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2023
- Citation
- 23023887
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 23023887.
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 Board has decided to remand the case due to incomplete records and the need for further development, including obtaining VA treatment records from November 2023 onwards and SSA disability records.
- Remanded (sent back)
The Veteran's right foot paralysis / foot drop is being remanded for further evaluation due to insufficient compliance with the prior remand. The VA addendum opinion obtained in May 2022 did not address whether the Veteran's post-operative bleeding was a common complication or distinguish between the November 3, 2015, and November 4, 2015, surgeries.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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