The Board has determined that the veteran's left hip fracture was not caused by his willful misconduct and was a result of medical treatment provided under VA law. The proximate cause of the disability was fault on the part of the Department in furnishing the hospital care, which led to the hip fracture.
The deciding factor: The Board found that the veteran's left hip fracture resulted from being restrained due to his volatile condition and risk to himself and others, despite the VA medical examiner noting physical restraint should only be used as a last resort for alcohol withdrawal patients.
- Claimed conditions
- left hip fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2006
- Citation
- 0636607
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 0636607.
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 appeal for an evaluation higher than 30 percent for service-connected PTSD was dismissed, and the initial evaluations for hemorrhoids, iron deficiency anemia, and other specified eating disorder were denied. The Board remanded several claims for further development.
- Denied
The Veteran's left hip fracture is not service-connected, and the Board denied entitlement to a temporary total rating for convalescence due to the fracture. The claim for TDIU was also denied as there was no established service connection.
- Denied
The Veteran's claim for an initial compensable rating for lumbosacral strain was denied, and her claim for special monthly compensation based on the need for aid and attendance or housebound status was also denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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