The Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA surgeries is remanded because the evidence does not show that informed consent was obtained prior to his surgery.
The deciding factor: The Board found that there were no disclosed risks in the consent form and that osteomyelitis, an accepted complication of surgery, was present in the Veteran's right foot.
- Claimed conditions
- additional big toe, right foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2019
- Citation
- 19193220
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 19193220.
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.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for a right foot disability and left foot disability as the evidence did not support that the preexisting conditions worsened beyond their natural progression during active duty for training (ACDUTRA).
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
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