The Board finds that the Veteran's left foot disability is the result of VA treatment due to an incident of fault on the part of VA, and grants compensation under 38 U.S.C.A. § 1151 for this condition.
The deciding factor: The evidence shows that the Veteran's left foot deformity and pain were caused by an error in judgment or similar incidents of fault on the part of VA during a surgical procedure performed in March 2002, resulting in residual bunion deformity and deformity at the second metatarsophalangeal joint.
- Claimed conditions
- left foot deformity, left second toe pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2011
- Citation
- 1130219
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 1130219.
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.
- Remanded (sent back)
The Board remands the claims for service connection for right and left foot deformity as they need further development, specifically an addendum opinion addressing whether the Veteran's foot disability has been aggravated by his service-connected bilateral knee pain.
- Granted
The Veteran's initial claim for a higher rating for his left foot disability was granted, with the effective date being August 27, 1982. The Veteran received an increased rating to 10 percent from March 26, 2009 and to 30 percent thereafter.,The Veteran's initial claim for service connection for pes planus was also granted, with the effective date being May 1, 2019.
- Remanded (sent back)
The Board has remanded the case due to inadequate examination, and a new examination is needed to determine if the Veteran's current left foot and toenail disabilities are related to service.
- Granted
The Veteran's diabetes mellitus II, Charcot’s arthropathy, left foot deformity, diabetic retinopathy, diabetic foot ulcer, kidney condition, and diabetic bilateral lower extremity neuropathy are all granted service connection. The loss of use of creative organ, hypertension, acquired psychiatric disability, and dental conditions are remanded for further development.
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