The Board has remanded the Veteran's claims for service connection for left foot amputation and left leg above the knee amputation, finding a pre-decisional duty to assist error in not obtaining VA opinions addressing these claims on a secondary basis.
The deciding factor: The AOJ failed to obtain VA opinions addressing whether the Veteran's left foot amputation and/or left leg above the knee amputation were secondary to his service-connected left heel spur and plantar fasciitis.
- Claimed conditions
- left foot amputation, left leg above the knee amputation
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2024
- Citation
- A24035467
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 A24035467.
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 Board granted service connection for various conditions, including neck disability manifested by pain and diabetes mellitus type II, secondary to the Veteran's service-connected bilateral knee degenerative arthritis. The other conditions were also granted as they are caused by the now-service-connected diabetes mellitus type II.
- Granted
The Veteran's diabetes mellitus, coronary arteriosclerosis, hypertension, chronic kidney disease, and left foot amputation are all granted as service connected due to herbicide exposure in Thailand.
- Remanded (sent back)
The Board has remanded the claims of service connection for MDS, left leg above the knee amputation, and right leg above the knee amputation due to a lack of medical opinions addressing theories of entitlement. The claim of service connection for the cause of the Veteran's death is also remanded.
- Granted
The Board has determined that the Veteran's left leg above-the-knee amputation was caused by VA negligence in providing timely surgical intervention, resulting in sepsis and necessitating the amputation. The claim for compensation under 38 U.S.C. § 1151 is granted.
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