The Board found that the veteran's amputation of the left second toe was not caused by VA care, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.
The deciding factor: VA did not act with negligence or similar fault in providing care to the veteran's diabetic ulcer that led to the need for amputation of the left second toe.
- Claimed conditions
- diabetic ulcer of the left second toe, osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 21, 2005
- Citation
- 0531408
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. Search VA.gov for the original decision (opens in a new tab) using citation 0531408.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Whole decision: Dismissed
The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.
- Whole decision: Remanded (sent back)
The Veteran's eligibility for VA's PCAFC benefits is being remanded due to insufficient medical opinion supporting the denial of benefits. The Board finds that the Veteran requires personal care services and supervision, meeting the basic medical eligibility criteria under PCAFC.
- Whole decision: Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to a duty to assist error. The Board cannot consider evidence submitted after the July 2024 rating decision, but any relevant VA treatment records from January 2023 to present will be obtained.
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