The Veteran's claim for compensation under 38 U.S.C.A. § 1151(a) was denied as the additional injury to his right foot did not result from VA carelessness, negligence, or error in judgment.
The deciding factor: VA determined that there was no evidence of an unforeseeable additional injury resulting from the surgeries performed by VA.
- Claimed conditions
- Right Foot Deformity, Hammertoe (right second toe), Bunion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2012
- Citation
- 1230512
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 1230512.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a right foot disability, finding that the Veteran's pre-existing deformity worsened during service and is now considered a current disability.
- Denied
The Board denied service connection for both the Veteran's congenital right foot deformity and his right knee disability, finding no evidence of a superimposed disease or injury during service and insufficient evidence to establish a direct nexus between the conditions.
- Denied
The Board has determined that the Veteran does not have any current right foot disability related to his service, and finds that his pes planus was pre-existing. The Board also found no evidence of aggravation during service or post-service development of other current right foot disabilities.
- Granted
The Board has determined that the veteran's service-connected right foot condition warrants a disability rating of 20 percent, and his bilateral hearing loss is related to military noise exposure. The issues have been granted.
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