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: VA informed consent procedures were followed, and the additional disability (painful and neuropathic symptoms) was considered a reasonable foreseeable outcome of the surgical procedure.
- Claimed conditions
- painful bunions, hammertoes, post-surgical pain, numbness, nerve irritation, scar tissue
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- 20065079
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for bilateral foot hallux valgus, pes planus, hammertoes, and degenerative arthritis, with an effective date of February 19, 2019. The Board also granted an increased (40 percent) rating for residuals, rupture, right biceps tendon with elbow limitation of supination and extension.
- Partly granted
The Board granted a rating of 50 percent for bilateral pes planus and plantar fasciitis since April 22, 2021, but denied earlier effective dates and increased ratings prior to that date.
- Partly granted
The Board granted service connection for bilateral feet arthritis and cold injury residuals of both feet, but denied service connection for hammertoes.
- Granted
The Board granted service connection for a left arm disability, to include arthritis and numbness, resolving reasonable doubt in favor of the Veteran.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.