The Veteran's right leg disability is found to be due to VA surgery in February 2003, and the Board grants compensation under 1151 for this condition.
The deciding factor: The VHA respondent concluded that the Veteran's right leg disability was actually and proximately caused by the February 2003 cardiac surgery at the VAMC, which did not meet the standard of care. The lack of informed consent and the event being unforeseeable supported the grant of compensation.
- Claimed conditions
- Right leg disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 8, 2009
- Citation
- 0938363
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 0938363.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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 has determined that there has not been substantial compliance with the previous remand directives regarding the issue of entitlement to service connection for a right leg condition. Therefore, another remand is required.
- Whole decision: Granted
The Board found that attorney B.J. is eligible for the direct payment of fees from the past due benefits awarded in the October 2024 rating decision granting a higher 30 percent rating for right knee limitation of motion.
- Whole decision: Denied
The Board denied service connection for right hand disorder, back disorder, left leg disorder (other than left knee pain), and right leg disorder (other than right knee pain) due to the lack of evidence showing current disabilities during or proximate to the appeal period.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for right and left leg disorders due to a lack of consideration of the Veteran's lay statements regarding his symptoms, as well as the VA examiners' failure to consider the continuity of symptoms since service. The case is being returned for further examination and opinion.
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