The Board denied the claim for compensation benefits under 38 U.S.C.A. § 1151 for additional disability of the right foot following surgical treatment at a VA medical facility in March 2003, as there was no evidence that the surgery resulted in additional disability.
The deciding factor: The Board found that the surgery did not result in additional disability and that there was no fault on the part of VA in furnishing the care or treatment.
- Claimed conditions
- right foot pain, hallux valgus, hammertoe
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911406
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.
- Dismissed
The appeal for service connection for right foot pain was dismissed as the Board had previously granted it in full.
- Granted
The Board granted service connection for right foot pain, resolving reasonable doubt in the Veteran's favor and finding that her right foot pain is related to service.
- Dismissed
The Board dismissed the issues of whether revision is warranted in the decision to deny compensation for right and left foot pain due to prohibited concurrent election.
- Remanded (sent back)
The Board remands the claim for a left foot condition to satisfy a statutory duty related to the Veteran's service-connected knee conditions.
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