The Veteran's bilateral foot Charcot arthropathy was a reasonably foreseeable risk of the vascular surgeries conducted at a VA facility in 2007 and 2008, and did not result from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of failure on the part of the VA.
The deciding factor: The Veteran's bilateral foot Charcot arthropathy was a known (and disclosed) risk of the April 2007 and December 2008 surgeries conducted at the VAMC in San Antonio, Texas.
- Claimed conditions
- Charcot arthropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2019
- Citation
- 19169241
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 19169241.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded to determine if VA medical care was unreasonable or negligent in causing or worsening any additional right foot disabilities, including the amputation of his right fourth toe.
- Granted
The Board has granted service connection for Charcot arthropathy as secondary to the Veteran's service-connected diabetes mellitus type II. The rating for diabetes mellitus remains unchanged.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for a videoconference hearing. Service connection and rating issues are pending.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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