The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a staph infection of the bone of the left ankle due to VA surgical treatment is dismissed as moot because service connection was granted for a left lateral foot sural nerve neuropathy secondary to the service-connected disability of left ankle fracture with skin graft and traumatic arthritis.
The deciding factor: The grant of service connection on a secondary basis rendered the issue of compensation under 38 U.S.C. § 1151 moot.
- Claimed conditions
- left ankle fracture, sural nerve neuropathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20074138
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with some issues being remanded.
- Remanded (sent back)
The Board remands the claim for service connection for left ankle fracture to obtain an adequate medical opinion.
- Dismissed
The Veteran withdrew his appeal in its entirety, and the claims for service connection and higher ratings were dismissed.
- Remanded (sent back)
The Board remands the claims for service connection for a right ankle condition, left ankle fracture, psychological disorder, and back condition to ensure that all evidence reviewed by the AOJ at the time of the January 2021 rating decision is properly documented.
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