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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1100561.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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