The veteran seeks compensation under 38 U.S.C.A. § 1151 for a right hip disability resulting from VA care rendered following a fall in April 2000. The RO denied the claim, finding it not well-grounded due to lack of evidence showing fault on the part of VA. The Board finds that additional development is needed as per the Veterans Claims Assistance Act of 2000.
The deciding factor: The veteran's claim for compensation under 38 U.S.C.A. § 1151 was not well-grounded due to lack of evidence showing fault on the part of VA in failing to diagnose a right hip fracture promptly.
- Claimed conditions
- right hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2000
- Citation
- 0034052
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 0034052.
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Denied
The Board denied service connection for bilateral foot disability, respiratory disability (breathing difficulty), cardiac disability (irregular heartbeat), and right hip disability as there was no evidence of a current disability or a link to active service.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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