The Veteran's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 is denied as the evidence does not establish that VA carelessness, negligence, lack of proper skill or other instance of fault caused his additional right foot disability.
The deciding factor: The preponderance of evidence indicates that the Veteran's additional right foot disability was a reasonably foreseeable complication of multiple surgeries for his existing bunion condition and related deformities, rather than due to VA carelessness, negligence, lack of proper skill or other instance of fault.
- Claimed conditions
- Right Foot Bunion, Hallux Abductovalgus (Bunions), Hypermobile First Metatarsal, Tibial Sesamoiditis, Mallet Toe Deformity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 14, 2011
- Citation
- 1126441
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 1126441.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hallux valgus disabilities are granted at a 30 percent rating from July 17, 2008 to January 5, 2014 and at a 50 percent rating from January 6, 2014. The Board also clarified that symptoms related to sesamoiditis can be separated from the service-connected hallux valgus.
- Granted
The Veteran's right and left foot bunions with posterior heel spurs and degenerative changes of the 1st MT joints have been rated at 20 percent, effective December 14, 2016.
- Granted
The Veteran's right foot bunionectomy necessitated a period of convalescence from July 2, 2010 through February 28, 2011. The Board has granted an extension of the temporary total disability rating for this period.
- Denied
The Veteran's surgery on February 9, 2009 was not due to an emergency and therefore does not meet the criteria for reimbursement of unauthorized medical expenses incurred at a non-VA facility.
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