The veteran is seeking compensation under 38 U.S.C. § 1151 for left foot fracture residuals, but the claim must be remanded due to inadequate VCAA notice and need for a more thoroughly explained medical opinion.
The deciding factor: The case requires an updated VCAA notice and a thorough medical opinion regarding whether VA care was careless or negligent in causing the veteran's additional disability.
- Claimed conditions
- left foot fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 6, 2007
- Citation
- 0720200
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 0720200.
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.
- Granted
The Board has granted the Veteran's request to restore VA disability compensation benefits for 16 days and reimburse $538.13 due to improper withholding of benefits in FY 2012. The issue regarding the withholding of benefits in FY 2013 is remanded.
- Remanded (sent back)
The Veteran's claim for a TDIU prior to October 15, 2018 is remanded due to the evidence reasonably raising the issue of entitlement to an extraschedular TDIU.
- Denied
The Veteran's claim for left foot fracture residuals is denied as there are no current residuals.,Service connection for a scar on the bridge of the nose is granted, but the Veteran does not have any current scarring.,For IBS prior to January 5, 2017, an initial compensable disability rating is denied. After that date, an initial 30 percent disability rating is also denied as there are no symptoms warranting a higher rating.,The Veteran's IBS has been rated at the maximum allowable under DC 7319.
- Denied
The Board found that the preponderance of the evidence does not support a conclusion that left foot fracture residuals were caused by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing medical treatment to the veteran.
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