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
- Not verified here — check the original decision
- Decision date
- March 27, 2009
- Citation
- 0911406
Veterans Law Judge
Decisions by this judge: 325 · Granted: 20% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0911406.
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: Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for hallux valgus, finding no competent and credible evidence linking her current condition to active service.
- Whole decision: Dismissed
The Board has dismissed the appeal for issues of service connection for left foot pain, skin condition, fibromyalgia, GERD, left knee strain, right knee strain, bilateral hearing loss, obstructive sleep apnea, right ankle condition, and right shoulder condition due to untimely filing.
- Whole decision: Granted
The Veteran's left foot metatarsalgia is granted as secondary to his service-connected left foot Lisfranc fracture and other disabilities. The Veteran's TDIU benefits from December 1, 2023 are denied due to his employment as a government tax collector.
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