The Board found that the preponderance of the evidence does not support a conclusion that left foot fracture residuals were caused by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing medical treatment to the veteran.
The deciding factor: The decision was based on the fact that there is no evidence suggesting that the treatment provided by VA was negligent or resulted in an unforeseeable event causing additional disability.
- Claimed conditions
- left foot fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2009
- Citation
- 0901374
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0901374.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the Veteran's request to restore VA disability compensation benefits for 16 days and reimburse $538.13 due to improper withholding of benefits in FY 2012. The issue regarding the withholding of benefits in FY 2013 is remanded.
- Remanded (sent back)
The Veteran's claim for a TDIU prior to October 15, 2018 is remanded due to the evidence reasonably raising the issue of entitlement to an extraschedular TDIU.
- Denied
The Veteran's claim for left foot fracture residuals is denied as there are no current residuals.,Service connection for a scar on the bridge of the nose is granted, but the Veteran does not have any current scarring.,For IBS prior to January 5, 2017, an initial compensable disability rating is denied. After that date, an initial 30 percent disability rating is also denied as there are no symptoms warranting a higher rating.,The Veteran's IBS has been rated at the maximum allowable under DC 7319.
- Denied
The VA denied a compensable rating for the veteran's left foot fracture residuals, finding that his disability only causes mild functional impairment.
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