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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1009132.
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 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.
- 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.
- 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.
- 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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