The Veteran's osteomyelitis of the right foot was not incurred in or aggravated by service, and is not proximately due to or the result of a service-connected disability. The issue of entitlement to an increased rating for residuals of a gunshot wound of the right foot has been withdrawn.
The deciding factor: Osteomyelitis of the right foot was first manifest several years after service and was not caused or worsened by any incident of service, nor is it proximately due to or the result of a service-connected disability.
- Claimed conditions
- Osteomyelitis of the right foot
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 7, 2009
- Citation
- 0946323
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 0946323.
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 outpatient IV antibiotic treatment for osteomyelitis from February 5, 2019 to March 20, 2019 was not authorized by VA prior to the treatment. However, as his emergency treatment in January and February 2019 was covered under 38 U.S.C. § 1728, the Veteran's outpatient IV antibiotic treatment is granted.
- Whole decision: Granted
The Veteran's service-connected PTSD alone prevented him from obtaining and maintaining substantially gainful employment, leading to a TDIU rating.
- Whole decision: Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
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