The Board found that the Veteran's current right foot issues are not due to carelessness, negligence, or lack of proper skill on the part of VA. The proximate cause of his additional disability is considered to be an event reasonably foreseeable.
The deciding factor: The examiner indicated that although the Veteran had neurotic pain following the Lapidus arthrodesis at the point of hardware insertion, pain was noted as a potential risk of the procedure and not due to fault on VA's part.
- Claimed conditions
- Right Foot Drop, Numbness in Right Foot, Pain in Right Foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 23, 2009
- Citation
- 0927540
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 0927540.
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: Denied
The Veteran's right foot drop was rated at 20 percent prior to July 21, 2017 and increased to 40 percent thereafter. The claim for a higher rating is denied.,From July 21, 2017 onwards, the Veteran’s disability has been rated at 40 percent.
- Whole decision: Granted
The Board has granted service connection for Multiple Sclerosis, a right eye disability, and right foot drop. Service connection is also granted for the Veteran's low back pain on remand. The issue of Individual Unemployability (TDIU) is also remanded.
- Whole decision: Remanded (sent back)
The Veteran's appeal for service connection for PTSD has been dismissed.,The Veteran's appeals for increased ratings in excess of 50 percent for unspecified depressive disorder and right foot drop have been remanded due to the need for new examinations.,The Veteran's appeal for service connection for left foot drop is also remanded as it may be related to an in-service football injury.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for MS, right foot drop, microscopic hematuria, low back pain, and eye disability (claimed as blindness) to allow for further development. The Veteran's right eye vision loss is being evaluated in relation to his MS.
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