The veteran's fall during a VA blindness rehabilitation program caused a fracture to his right humerus, which required shoulder replacement. The Board found that the fall was not reasonably foreseeable and granted compensation under 38 U.S.C.A. § 1151.
The deciding factor: The fall occurred while the veteran was engaged in a VA blindness rehabilitation program, making it an unforeseen event during treatment for his condition.
- Claimed conditions
- fracture of the right humerus, right shoulder endoprosthetic replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2002
- Citation
- 0213902
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 0213902.
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
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Other Board decisions on a similar condition or argued the same way.
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The veteran's claim for retroactive waiver of military retired pay in favor of VA disability compensation prior to July 1, 2000 was denied as there was no evidence of an informal claim or new and material evidence presented.
- Remanded (sent back)
The Board has remanded the case for further development due to incomplete records and additional consideration of the claims.
- Remanded (sent back)
The veteran's claim for an increased rating for residuals of a fracture of the right humerus is being remanded due to the need for further development, including additional VA examinations.
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