The Veteran's claim for service connection for residuals of a fractured heel is denied as there is no evidence of current disability.,Heat failure, claimed as the result of a February 2005 cardiac catheterization at a VA facility, is not found to be due to an event not reasonably foreseeable or carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, his claim for benefits under 38 U.S.C.A. § 1151 is denied.
The deciding factor: The Veteran's service treatment records are unavailable and appear to have been destroyed. There is no evidence of current residuals of a fractured heel.,There was no evidence that the proximate cause of kidney failure or death was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during the February 2005 procedure.
- Claimed conditions
- residuals of a fractured heel, kidney failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2009
- Citation
- 0930697
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 0930697.
What this means for you
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The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding his claimed conditions and their relationship to service. The AOJ will obtain a medical opinion on whether the Veteran has residuals of rhabdomyolysis, as well as readjudicate all issues related to service connection.
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