The Board has remanded the issues of service connection for peripheral nerve disabilities of both lower extremities due to a new theory of entitlement raised by the Veteran's representative. The case will be returned to the AOJ for an additional VA medical opinion regarding whether the Veteran's current peripheral nerve disability is caused or aggravated by treatment for prostate cancer.
The deciding factor: The Board found that the June 2023 VA clinician's opinion conflicted with the Court of Appeals for Veterans Claims' (Court) holding in Frost v. Shulkin, which held that there was not a temporal requirement inherent in 38 C.F.R. § 3.310(a) for claims involving service connection on a secondary basis.
- Claimed conditions
- Peripheral nerve disability of the left lower extremity, Peripheral nerve disability of the right lower extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004736
Veterans Law Judge
Decisions by this judge: 1,934 · Granted: 41% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004736.
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 increased ratings and service connection have been remanded due to the failure to report for VA examinations. The issues of service connection for nerve disabilities of the lower extremities are inextricably intertwined with the rating claims.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
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