The Board finds that the Veteran currently has right foot drop, which as likely as not resulted from VA surgery (right total hip arthroplasty in July 1994), and this additional disability was an event not reasonably foreseeable. Therefore, the criteria for entitlement to compensation benefits pursuant to 38 U.S.C.A. § 1151 have been met.
The deciding factor: The VA examiner's opinion supported by the Veteran's own assertions presented at that time indicated that the right foot drop began immediately after surgery and was caused by or resulted from the right hip arthroplasty, which is not a reasonably foreseeable potential outcome of the surgery.
- Claimed conditions
- Right Foot Drop
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2011
- Citation
- 1100561
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 1100561.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right foot drop was rated at 20 percent prior to July 21, 2017 and increased to 40 percent thereafter. The claim for a higher rating is denied.,From July 21, 2017 onwards, the Veteran’s disability has been rated at 40 percent.
- Granted
The Board has granted service connection for Multiple Sclerosis, a right eye disability, and right foot drop. Service connection is also granted for the Veteran's low back pain on remand. The issue of Individual Unemployability (TDIU) is also remanded.
- Remanded (sent back)
The Veteran's appeal for service connection for PTSD has been dismissed.,The Veteran's appeals for increased ratings in excess of 50 percent for unspecified depressive disorder and right foot drop have been remanded due to the need for new examinations.,The Veteran's appeal for service connection for left foot drop is also remanded as it may be related to an in-service football injury.
- Remanded (sent back)
The Board has remanded the claims for service connection for MS, right foot drop, microscopic hematuria, low back pain, and eye disability (claimed as blindness) to allow for further development. The Veteran's right eye vision loss is being evaluated in relation to his MS.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.