The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151, finding that there was no evidence showing VA treatment resulted in additional disability and that the proximate cause of any disability was not due to VA fault.
The deciding factor: The Board determined that the veteran did not meet the criteria for compensation under 38 U.S.C.A. § 1151 as he failed to provide credible evidence demonstrating that his loss of lower teeth resulted from VA treatment and that such treatment was caused by carelessness, negligence, or lack of proper skill on VA's part.
- Claimed conditions
- loss of lower teeth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2004
- Citation
- 0433492
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 0433492.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's xerostomia is granted as secondary to his service-connected throat cancer. The issues of an initial compensable rating for dental problems and the loss of lower teeth are remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for further development and readjudication due to new evidence being added to his case file. The issues include seeking an initial compensable rating under 38 U.S.C. § 1151 for dental problems, tooth #20, and service connection for injury to the jaw and loss of lower teeth secondary to radiation therapy for service-connected throat cancer.
- Remanded (sent back)
The Veteran's claims for service connection and a rating increase for his dental issues are being remanded due to the need for updated examinations and additional development of records.
- Granted
The Board has granted service connection for the loss of upper teeth as secondary to the service-connected loss of tooth number 8, but denied service connection for the loss of lower teeth.
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