The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for brain damage, bipolar exacerbation, thyroid disorder, and heart disorder as they were not caused by VA hospital care, medical or surgical treatment, or examination.
The deciding factor: The evidence of record did not support a finding that the claimed disabilities were caused by any hospital care, medical or surgical treatment, or examination provided by VA. The Board found no fault on the part of VA in furnishing such care and determined that none of the claimed disabilities was an event not reasonably foreseeable occurring as a result of or by virtue of the VA hospital care, medical or surgical treatment, or examination.
- Claimed conditions
- brain damage, bipolar exacerbation (including dementia, cognitive impairment, cognitive slowing, motor skills deficiency, loss of concentration, distractibility, reality distortion, and thought disorder), thyroid disorder, heart disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911467
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for a heart disorder, specifically atrial fibrillation, due to exposure to herbicide agents during active duty service in the Republic of Vietnam.
- Remanded (sent back)
The Board remands the claims for service connection for heart disorder, stroke residuals, sleep apnea, and gastroesophageal reflux disease (GERD) to obtain addendum opinions addressing specific risk factors.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for an increased rating for thyroid disorder to afford the Veteran a new examination due to her missing the prior scheduled examination and the need to determine the current severity of her disability.
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