The VA determined that the Veteran's current hallux valgus and arthritis conditions were not caused by carelessness, negligence, or similar fault on the part of VA during her July 2008 lapidus bunionectomy. The Board found insufficient evidence to support a finding of causation.
The deciding factor: The March 2015 VA physician concluded that the Veteran's current hallux valgus and arthritis were not caused by carelessness, negligence, or similar fault on the part of VA during her July 2008 lapidus bunionectomy. The risk of these complications was not unforeseeable.
- Claimed conditions
- Right foot disability, Hallux valgus, Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2016
- Citation
- 1641592
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 1641592.
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.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Dismissed
The Board has dismissed the appeals for service connection for a right foot disability and an increased rating for bilateral hearing loss. The Veteran's claims for service connection for left knee, right knee, and low back disabilities have been granted.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in duty to assist and incomplete medical opinions. The right foot disability claim is being addressed, including considering a congenital defect theory of entitlement.
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