The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of fistula surgery due to VA treatment is denied as there is no evidence that the proximate cause of additional disability was carelessness, negligence, lack of proper skill, error in judgment or other fault on the part of VA.
The deciding factor: The veteran's claim lacks competent medical evidence supporting his contention that a machine malfunction during VA surgery caused additional disability. The Board finds that there is no evidence to support such causation.
- Claimed conditions
- fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2006
- Citation
- 0608077
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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