The Veteran seeks compensation under 38 U.S.C.A. � 1151 for additional disabilities associated with a surgical procedure performed in September 1983. The case is being remanded to obtain an updated medical opinion regarding the care provided and whether any additional disability was caused by negligence or unforeseeable events.
The deciding factor: The VA examiner could not provide an opinion on negligence due to lack of expertise, but must be able to determine if the Veteran sustained additional disabilities as a result of the September 1983 surgery and whether these were caused by negligence or unforeseeable events.
- Claimed conditions
- Right foot hallux valgus, Right foot fourth toe tenotomy with joint subluxation, Hammertoes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 10, 2010
- Citation
- 1009132
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. Read the original VA decision (opens in a new tab) using citation 1009132.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 VR&E benefits were denied as she did not have an employment handicap and was found to be employable with her current skills, experience, and education. The appeal must be denied.
- Whole decision: Granted
The Veteran's right foot hallux valgus was granted service connection effective July 17, 2019. The effective date is set at the date of receipt of his claim for an increased rating for bilateral pes planus, which included a secondary claim for right foot hallux valgus.
- Whole decision: Granted
The Board has determined that the right foot hallux valgus condition should have been granted service connection in the first place, and thus the severance of service connection was improper. The Veteran's statements and medical opinions support a nexus to his military service.
- Whole decision: Granted
The Veteran's right foot hallux valgus has been granted an initial 10 percent disability rating, which is the maximum available under Diagnostic Code 5280. The condition was found to be severe enough to approximate amputation of the great toe.
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