The veteran's claim for service connection for a low back disability was reopened, but the claim remains denied. The denial of compensation under 38 U.S.C.A. § 1151 for additional disability of the fifth toe of the right foot as a result of VA surgical treatment in 1996 is upheld. The veteran's claims for initial compensable evaluations for chronic fungus infection of the feet are also denied.
The deciding factor: The evidence received since November 1990 does not provide new and material evidence to reopen the claim for service connection for a low back disability. The VA surgical treatment in May 1996 is found to be not proximately caused by the veteran's right foot disability, as there is no medical evidence showing that it was the cause of any additional disability. For the period prior to August 30, 2002, and for the period commencing August 30, 2002, the veteran's chronic fungus infection of the feet does not meet the criteria for a compensable evaluation under the applicable rating criteria.
- Claimed conditions
- low back disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2005
- Citation
- 0515038
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 0515038.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
- Dismissed
The Veteran's appeal concerning diabetes and a low back disability has been dismissed due to their death during the pendency of the appeal.
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