The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for injuries sustained during a VA surgical procedure in September 2002, which resulted in additional disability to his left leg and foot. The case has been remanded due to incomplete information regarding the status of the surgeon who performed the surgery and whether it was conducted at a facility over which VA had direct jurisdiction.
The deciding factor: The Board found that there is insufficient evidence to determine if the surgical procedure was conducted by a VA employee subject to daily supervision or at a facility under VA's jurisdiction, which is necessary for determining eligibility under 38 U.S.C.A. � 1151.
- Claimed conditions
- burns behind the left knee with nerve damage and left foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2010
- Citation
- 1010224
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 1010224.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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