The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability of the right lower extremity, as there was no competent medical evidence to support his assertions that the disabilities were caused by a lack of proper care or negligent treatment on the part of VA caregivers.
The deciding factor: The Board found that the preponderance of the evidence is against a finding that any action or inaction by VA caregivers caused additional disability or constituted carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.
- Claimed conditions
- Degenerative joint disease of the hip and ankle, Muscle spasms in right leg and ankle, Edema in right leg and ankle, Ulcerative lesions on the right ankle
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900576
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.