The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for a right foot disability allegedly caused by VA surgery on his right hip in July 1994. The case has been remanded to obtain the operative notes from that surgery and to determine if any nerve damage did occur as a result, whether it was due to carelessness or negligence on the part of VA.
The deciding factor: The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is remanded because the operative notes from his July 1994 right hip surgery are missing and a VA examiner must be consulted to determine if any nerve damage occurred as a result of the surgery.
- Claimed conditions
- Right foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2009
- Citation
- 0948149
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0948149.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Dismissed
The Board has dismissed the appeals for service connection for a right foot disability and an increased rating for bilateral hearing loss. The Veteran's claims for service connection for left knee, right knee, and low back disabilities have been granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in duty to assist and incomplete medical opinions. The right foot disability claim is being addressed, including considering a congenital defect theory of entitlement.
- Dismissed
The claim of entitlement to service connection for a right hand disability is dismissed.,The claim of entitlement to service connection for an acquired psychiatric disorder based on a June 2020 claim is denied.,The claims of entitlement to service connection for bilateral ankle and foot disabilities are remanded.
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