The Board granted compensation under 38 U.S.C. § 1151 for bilateral foot disabilities, status post bilateral bunionectomies due to a lack of informed consent during the December 1996 surgery.
The deciding factor: The evidence showed that the Veteran's informed consent was not properly obtained prior to his December 1996 surgery, as he lacked decision-making capacity at the time and was unable to communicate decisions concerning health care due to severe depression, suicidal ideations, auditory and visual hallucinations, and being treated with several medications.
- Claimed conditions
- bilateral foot disabilities, status post bilateral bunionectomies
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004354
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted the Veteran's claim for a total disability rating based on individual unemployability due to his service-connected bilateral foot and knee disabilities.
- Partly granted
The Veteran's bilateral foot disabilities, to include pes planus with plantar fasciitis, are granted. The claims for service connection for sciatica/radicular pain in the right and left legs were denied.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral foot disabilities to obtain additional evidence, including military personnel records and a medical opinion.
- Partly granted
The Board granted the reinstatement of a 20% rating for lumbosacral strain, granted service connection for an acquired psychiatric disability on a secondary basis, and denied service connection for a left knee disability. The other claims were remanded.
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