The Board denied compensation under 38 U.S.C. § 1151 for status post bilateral bunionectomies, finding that the additional disability was not caused by negligence or fault on VA's part and was a foreseeable outcome of the surgery.
The deciding factor: The Board found that informed consent procedures were followed and that the additional disability (pain and numbness) was a reasonable foreseeable outcome of the surgical procedure.
- Claimed conditions
- painful bunions, hammertoes, post-surgical pain, numbness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 7, 2020
- Citation
- 20065079
Veterans Law Judge
Decisions by this judge: 1,432 · Granted: 29% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 20065079.
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 Veteran's disability of numbness, tingling, and pain in the left lower extremity is granted as service connected.
- Whole decision: Remanded (sent back)
The Veteran's bilateral foot disability, including plantar fasciitis, hammertoes, and pes cavus, is being remanded due to a duty-to-assist error. The VA examination did not address the pre-existing pes cavus upon entry into service and did not provide an adequate rationale for the remaining foot disabilities.
- Whole decision: Granted
The Board has granted service connection for bilateral foot condition, including pes planus, hallux rigidus, plantar fasciitis, hammertoes, and arthritis. The Veteran's preexisting pes planus was aggravated by his military service.
- Whole decision: Granted
The Veteran's radiculopathy of the left and right lower extremities have been granted initial ratings of 20 percent each, effective April 19, 2023.
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