The Veteran's appeal for increased ratings for left and right foot hammer toe deformities was denied. The 1151 claim (for compensation under 38 U.S.C. § 1151) regarding a pulmonary embolism with residuals was also denied.
The deciding factor: The VA did not find that the Veteran's pulmonary embolism was proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the VA. The event (pulmonary embolism) was also found to be reasonably foreseeable.
- Claimed conditions
- left foot hammer toe deformity, right foot hammer toe deformity, pulmonary embolism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 28, 2018
- Citation
- 18129928
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. Read the original VA decision (opens in a new tab) using citation 18129928.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for pulmonary embolism as secondary to the Veteran's service-connected status post spigelian herniorrhaphy, finding that the surgery increased her risk of developing a pulmonary embolism.
- Whole decision: Granted
The Veteran's pulmonary disability is directly related to his active service, and the Board has granted service connection for this condition.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to a duty-to-assist error regarding the Veteran's exposure to asbestos and Agent Orange during service. The claims are now pending for further development.
- Whole decision: Denied
The Veteran's pulmonary embolism and its residuals were not caused by VA carelessness, negligence, or similar fault. The Board found no additional disability due to VA fault.
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