The Board found that the veteran's disability of the right leg and foot was not caused by VA care, but rather due to an event reasonably foreseeable. The decision denied compensation benefits under 38 U.S.C.A. § 1151.
The deciding factor: VA care did not cause the veteran's additional disability as it was a result of an unforeseeable event (the development of symptoms from his pre-existing condition).
- Claimed conditions
- Right leg weakness, Foot coolness, Diminished femoral artery pulse
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 18, 2008
- Citation
- 0824059
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 0824059.
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: Remanded (sent back)
The Veteran's claim for TDIU prior to June 22, 2008 is being remanded as the Board cannot grant an extraschedular TDIU in the first instance and must refer it to VA's Director of Compensation Service for consideration.
- Whole decision: Granted
The Veteran's right leg weakness is granted as service-connected due to pre-existing polio aggravating during military service. The cervical spine disability claim for secondary service connection is remanded.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a lack of compliance with previous directives regarding access to quality assurance records related to the Veteran's lumbar spine surgery and right leg weakness. The AOJ is required to request these records from the relevant VA facilities.
- Whole decision: Granted
The Board has determined that the Veteran's condition necessitates regular aid and attendance, resolving reasonable doubt in his favor.
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