The Board found no evidence of fault or negligence on the part of VA in causing additional disability, and thus denied compensation under 38 U.S.C.A. § 1151 for medical treatment provided at a VA Medical Center.
The deciding factor: The veteran's right foot amputation was not due to carelessness, negligence, lack of proper skill, error in judgment or some instance of fault on the part of VA in furnishing medical care.
- Claimed conditions
- bilateral heel fractures, right foot amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2007
- Citation
- 0733046
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 0733046.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was dismissed due to the death of both the Veteran and the substitute claimant.
- Remanded (sent back)
The Veteran's death was not service-connected. The significant conditions contributing to his death included diabetes mellitus type II.,Service connection for diabetes mellitus type II is being remanded due to the unavailability of STRs and potential fire-related loss of records.,Heart disorder (including heart failure and coronary artery disease) on substitution basis is being remanded due to the unavailability of STRs and potential fire-related loss of records.,Right foot amputation, secondary to diabetes mellitus type II, is being remanded due to the unavailability of STRs and potential fire-related loss of records.
- Remanded (sent back)
The Board has remanded the veteran's claims for service connection due to secondary conditions, including scleroderma and its related issues. The claims are being returned for obtaining VA medical records from State College VA community-based outpatient clinic.
- Denied
The Board denied service connection for various conditions, including scleroderma and its secondary effects, as the evidence did not support a finding of service connection due to lack of medical nexus between the claimed conditions and active duty.
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