The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no evidence showing that the right great toe disability resulted from VA negligence or fault.
The deciding factor: There is insufficient evidence to establish that the Veteran's additional disability of the right great toe was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- Right great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2011
- Citation
- 1139763
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 1139763.
What this means for you
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What you can do next
Related decisions
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- Remanded (sent back)
The Veteran seeks compensation benefits for additional disability of his right great toe resulting from a November 18, 2005 surgery. The case is being remanded to obtain records and provide the Veteran with an examination.
- Denied
The Board denied the veteran's claim for a temporary total rating pursuant to 38 C.F.R. § 4.30 for periods of convalescence following hospitalizations in December 1992 and February 1995, finding that the increase in disability did not occur within one year prior to the date of receipt of his claim.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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