The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of right shoulder, hip (other than right leg deep vein thrombosis), shin, and low back injuries were denied as the claimed disabilities are not considered to be caused by VA care.
The deciding factor: The Veteran's fall in an elevator at a VAMC was not related to any VA care or treatment, and therefore does not meet the criteria for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- Right Shoulder Injury Residuals, Right Hip Injury Residuals (other than right lower extremity deep vein thrombosis with postphlebitic syndrome), Right Shin Injury Residuals, Low Back Injury Residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 27, 2010
- Citation
- 1004134
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. Read the original VA decision (opens in a new tab) using citation 1004134.
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: Granted
The Board has reopened the Veteran's claim for service connection for right shoulder injury residuals and granted this issue. The back disability is also granted.
- Whole decision: Denied
The Veteran's right shoulder disability is rated at the maximum schedular rating of 40 percent, and no higher rating is warranted due to lack of additional functional loss or ankylosis.,The Veteran's adjustment disorder with depressed mood is currently rated at 30 percent, which is the highest schedular rating available. No higher rating is granted as his symptoms do not meet criteria for a higher evaluation.
- Whole decision: Granted
The Veteran's right shoulder disability was rated at 20 percent since August 22, 2007. The decision also addressed his service-connected brachial plexopathy and found it warranted a separate 20 percent rating.
- Whole decision: Denied
The Board found that the veteran's right shoulder and wrist injuries are not proximately due to or aggravated by his service-connected knee disabilities, thus denying the claim for secondary service connection.
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