The Veteran's claim for earlier effective date of compensation under 38 U.S.C. § 1151 is granted, as he was entitled to benefits from the date of his first surgery (March 5, 2005) due to VA's failure to inform him of Dr. Franchini's negligence.
The deciding factor: The Veteran's procedural due process rights were violated because the VA failed to disclose information about Dr. Franchini's negligent behavior, which prevented the Veteran from substantiating his claim for benefits earlier.
- Claimed conditions
- bilateral foot condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2018
- Citation
- 1801258
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 1801258.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for a bilateral foot condition and migraines, but remanded the claim for a back condition.
- Denied
The Board denied service connection for a back condition, numbness left upper extremity, allergic rhinitis, bilateral foot condition, BHL, ED, insomnia, and sinusitis. The only granted issue was service connection for hypertension.
- Dismissed
The Veteran withdrew his appeals for an increased rating for loin pain hematuria syndrome and service connection for a bilateral foot condition, thus dismissing the claims.
- Remanded (sent back)
The Board of Veterans' Appeals remands the claims for service connection for a back condition, left leg condition, and bilateral foot condition due to errors in the previous decision.
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