The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the injuries were not caused by VA treatment or examination, but rather an incident of assault that occurred coincidentally with his presence at a VA medical facility.
The deciding factor: The Board found no evidence suggesting that the veteran was assaulted during the incident in question and concluded that any injury resulting from the arrest on an outstanding warrant by the Chicago Police was not related to VA treatment or examination.
- Claimed conditions
- back, hand, elbow, facial
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2008
- Citation
- 0829468
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 0829468.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Granted
The Veteran's service-connected neck, back, and migraines required care or assistance from his wife on a regular basis to protect him from hazards in his daily environment.
- Granted
Service connection for left and right knee disabilities is granted.,An earlier effective date of April 29, 2010, but no earlier, for service connection for a back disability (lumbosacral and thoracic strain) is granted.
- Dismissed
The claims seeking compensation under 38 U.S.C. § 1151 for left foot and bladder disabilities, as well as service connection for tinnitus, are dismissed due to lack of new and relevant evidence. The claim seeking service connection for bilateral knee disabilities is readjudicated.
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