The Board remands the Veteran's claim for compensation under 38 U.S.C. § 1151 for below-the-knee amputation of the right leg and foot due to an inadequate statement of reasons or bases in support of its decision.
The deciding factor: The Board did not address relevant evidence indicating that the amputation was performed in consultation with an orthopedic surgeon, as noted in April and May 2014 private treatment records from Montefiore.
- Claimed conditions
- below-the-knee amputation of the right leg and foot
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2024
- Citation
- 24033395
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.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a below-the-knee amputation of the right leg and foot, finding that VA did not fail to properly or timely treat his Charcot right foot.
- Remanded (sent back)
The appeal for compensation under 38 U.S.C. § 1151 for below-the-knee amputation of the right leg and foot is remanded due to an inadequate VA medical opinion.
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.