The Board denied compensation under 38 U.S.C.A. § 1151 for additional disability related to a right foot disorder as there was no evidence that the Veteran's current condition resulted from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA medical personnel, or due to an event not reasonably foreseeable in furnishing the Veteran's medical treatment.
The deciding factor: The independent medical opinion stated that VA acted properly in its treatment of the Veteran and there was no evidence showing negligence or fault on the part of VA medical personnel.
- Claimed conditions
- right foot disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908723
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
- Denied
The Board denied service connection for multiple disorders, including left and right knee disorders, hypertension, left hand, foot, leg, and arm disorders, fibromyalgia, and chronic fatigue syndrome (CFS), as there was no evidence of in-service incurrence or a nexus to service.
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