The Board remands the claims for service connection for a hernia condition and residuals of a left leg amputation (also claimed as a left knee condition) due to a pre-decisional duty to assist error.
The deciding factor: The failure to provide an opinion regarding the etiology of the Veteran's hernia condition constitutes a pre-decisional duty to assist error, necessitating remand. The left leg amputation issue is inextricably intertwined with the resolution of the diabetes claim and must be deferred pending its adjudication.
- Claimed conditions
- hernia condition, residuals of a left leg amputation (also claimed as a left knee condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068828
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 service connection for a hernia condition, hearing loss, and abnormal heart atrial fibrillation as the evidence did not support a finding that these conditions were related to the Veteran's active military service.
- Denied
The Board denied service connection for left knee, left shoulder, right shoulder, and hernia conditions due to a lack of evidence showing current disabilities. The appeal was also remanded for further consideration of the Veteran's right knee disability.
- Dismissed
The veteran's appeal for service connection for various conditions was dismissed due to the untimely filing of the Board Appeal request.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis prior to May 18, 2023, due to the Veteran's service-connected hernia condition.
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