The veteran's fractured leg following hospitalization and treatment at a VA Medical Center in September 2005 did not result from carelessness, negligence, lack of proper skill, error in judgment, or similar incidence of fault on the part of the VA, nor is it the result of an event that was reasonably foreseeable.
The deciding factor: The fall likely occurred because of poor balance, incoordination, and the veteran's underlying knee disease of rheumatoid arthritis. There was no negligence on the part of the surgical staff or anesthesia staff.
- Claimed conditions
- fracture of the left leg
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901714
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.