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.
- Remanded (sent back)
The Veteran's initial compensable evaluation for hypothyroidism is denied, and the Board finds that service connection for lumbar degenerative disc disease and bilateral foot condition should be remanded due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has decided to remand the claim for service connection of a bilateral foot condition due to lack of STRs and need for further examination.
- Granted
The Veteran's erectile dysfunction is granted as secondary to his service-connected neoplasm of the kidney with frequent urination.,Service connection for a left knee condition, an acquired psychiatric disorder (anxiety), and a bilateral foot condition are dismissed.
- Denied
The Board denied the Veteran's claims for service connection for blackouts and fainting spells, a bilateral foot condition, and rheumatoid arthritis due to lack of new and relevant evidence.
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