The Board has determined that the veteran sustained injuries to his right shoulder and hip during a hospitalization at the Brockton, Massachusetts VA Medical Center from February 13 to March 1, 1995. The fall occurred while the veteran was waiting for an examination, but the circumstances of the hospitalization gave rise to the risks out of which the injury arose. Therefore, the injuries are considered to have resulted from the hospitalization.
The deciding factor: The Board found that the circumstances or conditions of the hospitalization (waiting for an examination) gave rise to the risks out of which the fall and subsequent injuries occurred.
- Claimed conditions
- Right shoulder rotator cuff tear, Residuals of a right hip fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2003
- Citation
- 0306484
Veterans Law Judge
Decisions by this judge: 541 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0306484.
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.
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The Veteran's SMC based on need for regular aid and attendance or housebound status is denied as his service-connected disabilities did not render him so helpless that he needed regular aid and attendance. The criteria for SMC at the housebound rate have also not been met.
- Granted
The Veteran's right shoulder rotator cuff tear is granted as service connected, with the Board finding a causal link between his in-service injury and current symptoms.
- Denied
The Board denied increased evaluations for asthma, PTSD with sleep deprivation, and right shoulder rotator cuff tear. The Veteran's appeal regarding service connection for high blood pressure and TDIU was remanded.
- Denied
The Board denied an increased rating for the right shoulder rotator cuff tear, finding that the disability did not meet or more nearly approximate limitation of motion to midway between the side and shoulder level.
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