The Board denied the veteran's claims for nonservice-connected disability pension benefits and compensation under 38 U.S.C.A. § 1151 for nerve damage of the right leg, finding that his income exceeded the maximum annual pension rate and there was no evidence of negligence or lack of proper skill on VA's part in causing the nerve damage.
The deciding factor: The veteran's income exceeded the maximum annual pension rate, and a medical expert concluded that the nerve damage to his right leg was not caused by negligence or fault on VA's part. The complication was considered a long-term complication of the surgery performed, which did not result from any unforeseeable event.
- Claimed conditions
- nerve damage of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 7, 2008
- Citation
- 0838624
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 0838624.
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 Board remands the claims for service connection for nerve damage of both legs and bilateral flat feet due to a procedural error in notifying the Veteran of his right to a hearing.
- Whole decision: Granted
The Veteran's claim for service connection for an acquired psychiatric disorder was reopened due to the submission of new and material evidence. The claims for service connection for nerve damage of the right leg, left leg, arthritis of the legs, diabetes mellitus, lymphoma, deviated septum, digestive disability, and hernia disability were all granted.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting new examinations to assess the severity of his service-connected left ankle disability, as well as the nature and etiology of his right ankle, knee, and leg disorders.
- Whole decision: Denied
The Board found that the Veteran's tinnitus, bilateral hearing loss, spine disorder, left leg and foot disorder (to include as secondary to a spine disorder), intestinal blockage, hypertension, thyroid disorder, nerve damage of the bilateral hands, and nerve damage of the right leg were not incurred in or aggravated by service.
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