The Veteran claims he developed left foot drop following a hip replacement surgery at the Baltimore VA Medical Center. The Board finds that additional evidence is needed to determine if this condition was caused by negligence or lack of proper skill during post-operative care.
The deciding factor: There are insufficient medical records to definitively establish whether the Veteran's left foot drop developed due to negligence or lack of proper skill in his post-operative care at VA. Further examination and review of medical records is needed.
- Claimed conditions
- left foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2010
- Citation
- 1040297
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 1040297.
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 Board denied compensation under 38 U.S.C. § 1151 for the Veteran's lumbar spine herniated disc, left lower extremity radiculopathy, and left foot drop due to a delay in VA providing timely neurosurgical care.
- Remanded (sent back)
The Board has remanded the case due to issues related to a TDIU and an increased evaluation for left Achilles tendonitis. The Veteran's service-connected conditions have rendered her unable to work during certain periods, but further review is needed.
- Partly granted
The Board denied service connection for right and left foot drop, granted service connection for a right shoulder strain, and denied service connection for TBI. The claim for TDIU was dismissed.
- Granted
The Board granted service connection for left foot drop, finding that it was secondary to the Veteran's service-connected ischemic cerebrovascular accident (stroke) residuals.
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