The Board finds that the May 2006 VA medical treatment resulted in an additional disability, left great toe amputation, due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part. As a result, the Veteran is entitled to compensation under 38 U.S.C.A. § 1151.
The deciding factor: The evidence is in equipoise as to whether the May 2006 VA medical treatment resulted in an additional disability and that such disability was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
- Claimed conditions
- left great toe amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 12, 2012
- Citation
- 1231392
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. Read the original VA decision (opens in a new tab) using citation 1231392.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to inadequate examination and x-ray consideration, requiring a new evaluation of the Veteran's left great toe amputation.
- Whole decision: Dismissed
The Board has dismissed all appeals regarding the Veteran's claims for service connection and reopening of service connection due to his death.
- Whole decision: Remanded (sent back)
The Veteran's claim for increased ratings for his left great toe amputation is being remanded due to the addition of new evidence. The Veteran was previously denied a rating in excess of 10 percent prior to November 26, 2019 and a rating of 20 percent thereafter.
- Whole decision: Granted
The Veteran's left great toe disability was granted a maximum rating of 30 percent, effective September 20, 2006. The right knee and left knee disabilities were remanded for further development. A TDIU was granted beginning October 25, 2007. SMC based on the need for regular aid and attendance was granted starting December 8, 2014.
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