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.
- Granted
The Veteran is granted a TDIU for the period from May 25, 2016 to January 18, 2017 due to his service-connected disabilities.
- Partly granted
The Board granted a separate 10 percent rating for right foot hallux valgus from January 9, 2024, and denied an initial rating in excess of 30 percent for pes planus from July 27, 2023. A 20 percent rating was assigned prior to April 26, 2019, for the Veteran's right compartment syndrome with reflex sympathetic dystrophy, right foot drop, and right shin splint.
- Granted
The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine with IVDS and bilateral foot conditions, prevented him from securing and maintaining gainful employment from August 31, 2010, to January 30, 2011.
- Denied
The Board denied the veteran's claims for increased ratings and an earlier effective date for special monthly compensation.
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