The Board denied compensation under 38 U.S.C. § 1151 for peptic ulcer with gastrointestinal hemorrhage and anemia, as well as a total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: The medical evidence did not show that the VA treatment in January 2003 was careless or negligent, nor that it proximately caused any additional disabilities. The veteran's claims were denied because there was no evidence of fault or unforeseeable complications resulting from the VA care provided.
- Claimed conditions
- peptic ulcer with gastrointestinal hemorrhage, anemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903475
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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Other Board decisions on a similar condition or argued the same way.
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The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- Dismissed
The appeals for service connection for anemia, left and right foot conditions (swelling bilateral feet), prostate issues, tension headaches and head injury with short term memory loss and blurred vision, and vertigo were dismissed as the Veteran withdrew them. The claims for readjudication of tension headaches and head injury with short term memory loss and blurred vision and vertigo will be considered based on new evidence submitted.
- Partly granted
The Board granted service connection for a right hip disability and remanded claims for service connection for migraines and contusion left calf. Other claims were denied or dismissed.
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