The Veteran's chronic fistula and resulting co-morbidities were at least partially due to less than optimal care on the part of the VA medical system, warranting disability compensation under 38 U.S.C. § 1151.
The deciding factor: The independent medical expert found a greater than 50 percent probability that the Veteran's chronic fistula resulted from failure to recognize and address the possibility of a retained nidus of infection; in this case, a bone fragment.
- Claimed conditions
- chronic fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2009
- Citation
- 0910817
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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