The Board remands the matter for a new medical opinion and to obtain updated VA treatment records.
The deciding factor: The previous medical opinion was equivocal in nature, making it speculative. A new opinion is needed to address whether additional disability caused by the January 2010 VA surgery is at least as likely as not due to carelessness or negligence on the part of VA.
- Claimed conditions
- osteomyelitis, stage II right ischial, sacral ulcer/wound, MRSA skin infection
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002489
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 is remanding the claim for service connection of the Veteran's cause of death due to a predecisional duty to assist error in not obtaining relevant medical records from the state veteran's home.
- Granted
The Veteran's requirement for assistance with activities of daily living was granted as a result of his service-connected left and right foot disabilities, specifically due to osteomyelitis.
- Dismissed
The Board dismissed the appeals for service connection for osteomyelitis and amputation above the knee, left as secondary to osteomyelitis. The claims for bilateral hearing loss and tinnitus were granted.
- Remanded (sent back)
The Board remands the claims for service connection and an initial rating for MRSA residuals, as well as secondary conditions related to those residuals, due to inadequate medical opinions.
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