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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0939009.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran withdrew his appeal for compensation under 38 USC § 1151 for loss of teeth, and the appeal is dismissed.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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