The Board found that the Veteran's loss of teeth, rib fractures, compression fractures of the spine, loss of feeling in the right leg, and dysphagia were not caused by VA hospital care or treatment. The proximate cause was deemed to be the Veteran's own actions during his February 2004 hospitalization at the Des Moines VAMC.
The deciding factor: The Board determined that the Veteran's conditions resulted from his own actions, including resistance and biting during intubation attempts, which led to tooth loss. The rib fractures and compression fractures were not caused by VA treatment but rather due to pre-existing osteopenia. Dysphagia resolved within the course of his hospitalization.
- Claimed conditions
- loss of teeth, rib fractures, compression fractures of the spine, loss of feeling in the right leg, dysphagia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2009
- Citation
- 0939009
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 0939009.
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.
- Dismissed
The Veteran withdrew his appeal for compensation under 38 USC § 1151 for loss of teeth, and the appeal is dismissed.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Granted
The Veteran's service-connected disabilities, including prostate cancer, CAD, and bilateral lower extremity nerve damage, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU.
- Remanded (sent back)
The Board has remanded the case due to incomplete medical records and a duty to assist error. The Veteran's gastrointestinal disorder claim will be reconsidered with the inclusion of all relevant private medical records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.