The Board denied the claim for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 as a matter of law, due to the fact that the nursing home care provided at Delmar Gardens on the Green was not furnished by a VA employee or in a Department facility over which the Secretary has direct jurisdiction.
The deciding factor: The claim was denied because the nursing home care provided under contract with VA does not qualify for compensation benefits under 38 U.S.C.A. § 1151, as it is excluded from consideration due to being furnished at a non-VA government facility.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2008
- Citation
- 0809862
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.