The Veteran's appeal is being remanded to address his claim for service connection and compensation under 38 U.S.C.A. � 1151 due to a surgical procedure on the left foot at the Philadelphia VA Medical Center in 1998.
The deciding factor: The Joint Motion noted that there was evidence of record suggesting the Veteran's left foot disability may be related to the 1998 surgery, and thus remanding for further development including obtaining all relevant VA treatment records and a medical opinion on whether the Veteran's current condition is at least as likely as not due to carelessness, negligence, or error in judgment by VA providers.
- Claimed conditions
- left foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2011
- Citation
- 1132107
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 1132107.
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 Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, but his service-connected persistent depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation. The Board has granted SMC at the housebound rate.
- Granted
The Veteran's left foot disability and anxiety disorder render him in need of regular aid and attendance due to his physical limitations and cognitive impairments, which require assistance from another person.
- Denied
The Board denied service connection for multiple disabilities, including neck, back, left foot, left knee, right knee, right foot, and right shoulder disabilities. The Board found insufficient evidence to support presumptive or secondary service connection.
- Denied
The Board has denied the Veteran's claims of service connection for lumbar spine, cervical spine, right knee, left knee, right foot, left foot, and right ankle disabilities. The evidence does not support a finding that these conditions began during or are otherwise related to his military service.
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.