The Veteran seeks compensation under the provisions of 38 U.S.C.A. � 1151 for a left foot disability, claimed as an additional disability resulting from VA medical treatment in May 2006. The Board has remanded the case to obtain clarification on whether the proximate cause of any additional or aggravated disabilities was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing hospital care.
The deciding factor: The decision is pending further clarification from the VA physicians regarding the proximate cause of any additional or aggravated disabilities and whether it was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing hospital care.
- Claimed conditions
- left foot fracture, residual left foot disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2013
- Citation
- 1329098
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 1329098.
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 Board has remanded the case due to insufficient evidence regarding the etiology of any current left foot disability, including a fracture and calcaneal spur. The Veteran's claim for service connection is being reviewed again.
- Partly granted
The Veteran's left foot disability is rated at 20 percent, effective February 15, 2020. The Veteran's lumbosacral strain remains at a 10 percent rating. The Veteran's PTSD claim has been remanded for further review.
- Dismissed
The Veteran withdrew his appeal regarding the left foot fracture claim, and the Board has dismissed it.
- Denied
The Board denied earlier effective dates for the awards of service connection for a right ankle strain, acne with scars, left foot fracture, right knee tendinopathy, left knee strain, and tinnitus as the first communication from the Veteran to VA evidencing his intent to file claims for these conditions was received on December 5, 2023.
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