The Board remands the service connection claim for right leg amputation to correct a pre-decisional duty to assist error due to inadequate medical examinations.
The deciding factor: The 2021 and January 2022 VA examination reports were found to be inadequate as they lacked rationale or explanation, did not consider all relevant factors, and failed to address the Veteran's other service-connected disabilities for secondary service connection.
- Claimed conditions
- right leg amputation
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070477
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.
- Dismissed
The Board dismissed the claims for service connection for diabetes mellitus, right leg amputation, left leg amputation, and back disorder due to the Veteran's passing and the Appellant's decision not to seek substitution before the Court.
- Granted
The Board granted service connection for right leg amputation, finding that the Veteran's condition is etiologically related to his active service.
- Remanded (sent back)
The Board has decided that the Veteran's claim for service connection for osteoarthritis on a secondary basis due to his right leg amputation should be remanded. The VA needs to obtain an opinion from an appropriate clinician regarding whether the Veteran’s osteoarthritis is at least as likely as not caused or aggravated by his right leg amputation.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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.