The Veteran asserts that he was not informed of potential complications from his right knee replacement surgery, which resulted in peroneal nerve injury and subsequent right foot drop sensory neuropathy. He claims this caused him to have difficulty driving, walking, and falling due to an unstable knee.
The deciding factor: The proximate cause of the Veteran's additional disability was likely a combination of carelessness or error in judgment by VA personnel during informed consent and treatment, as well as unforeseeable complications from the surgery.
- Claimed conditions
- Right peroneal nerve injury, Right foot drop sensory neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2013
- Citation
- 1322621
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 1322621.
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.
- Granted
The Veteran's right peroneal nerve injury and right foot drop resulting from surgery are granted as service-connected under the direct theory of service connection.
- Denied
The VA medical providers exercised the expected degree of skill and care in treating the Veteran's right knee, but his foot drop and joint instability were known complications that occurred as a result of the surgery. The Veteran received informed consent regarding potential risks.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional medical examination and consideration of new evidence. The issue remains whether he is entitled to compensation under 38 U.S.C.A. § 1151.
- 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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