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.
The deciding factor: The Board found that there are unresolved issues regarding the timing and adequacy of VA treatment for the Veteran's right foot injury, which may have contributed to the need for a right fourth toe amputation.
- Claimed conditions
- Charcot arthropathy, right foot ulcer, right fourth toe amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2019
- Citation
- 19182948
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19182948.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's right foot ulcer was caused by carelessness, negligence, or similar instance of fault on the part of VA during an August 26, 2016 procedure. The left foot ulcer is not considered a result of such fault.
- Dismissed
The Board has dismissed all service connection claims due to the Veteran's death.
- Remanded (sent back)
The Board has remanded the Veteran's claims for diabetes mellitus, type II and its secondary conditions due to insufficient evidence regarding his exposure within the 12-nautical-mile territorial sea of Vietnam. Additional development is needed to determine if he served in this area during the relevant time frame.
- Denied
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.
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