The Board remands the claim for service connection for Charcot foot and right leg amputation to correct a duty to assist error, as no VA examination was conducted prior to the rating decision on appeal.
The deciding factor: The evidence surpassed the low threshold established by Locklear and McLendon prior to the rating decision on appeal, necessitating an adequate TERA medical opinion under the PACT Act.
- Claimed conditions
- Charcot foot, Right leg amputation
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- A24069251
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 remands the claim for compensation under 38 USC 1151 for right leg amputation to obtain a new VA opinion based on a more complete evidentiary record.
- Partly granted
The Board granted service connection for peripheral vascular disease (PVD) as secondarily aggravated by diabetes, right leg amputation and scar as secondary to PVD, and SMC for loss of use of the right foot. The evaluation in excess of 20 percent for diabetes was denied.
- Remanded (sent back)
The Board remands the case for further evidentiary development to address the Veteran's contention of exposure to herbicides while serving at Mactan Air Base in the Philippines during the Vietnam War.
- Remanded (sent back)
The Board has remanded this case due to inadequate examination, specifically regarding the failure to timely prescribe a non-weightbearing boot and the Veteran's inability to use prescribed devices.
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