The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for right foot disabilities, alleging that VA hospital care or medical treatment resulted in additional disability. The claim has been remanded to obtain updated VA records and SSA records, and to provide a VA medical opinion regarding whether the Veteran's current right foot disabilities are related to his prior VA surgeries.
The deciding factor: The Board needs to determine if the Veteran's current right foot disabilities are reasonably foreseeable consequences of the June 1988 and March 2002 VA surgical treatments, as well as whether these treatments were due to carelessness or negligence on the part of VA.
- Claimed conditions
- Right foot strain, Pes planus of the right foot, Hallux valgus and hallux rigidus of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2013
- Citation
- 1327011
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 1327011.
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.
- Remanded (sent back)
The Veteran's right foot disability is currently rated as 10 percent disabling. The Board has determined that a higher rating is warranted and has remanded the case for further development.
- Denied
The Board denied the Veteran's claims for an earlier effective date prior to January 31, 2024 and a higher initial rating for his right foot strain.
- Partly granted
The Board granted service connection for right foot strain and denied a compensable rating for allergic rhinitis, while remanding the claim for service connection for gastroesophageal reflux disease (GERD).
- Remanded (sent back)
The Veteran's appeal is remanded for further examination and development due to pre-decisional failures of the duty to assist based on inadequate examinations.
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