The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because the VA medical treatment, which included amputation of his left fifth finger to treat gangrene and Berger's disease, did not meet the criteria for causation due to lack of evidence showing carelessness, negligence, or similar instance of fault on the part of VA.
The deciding factor: The March 2005 amputation was deemed necessary treatment for the Veteran's peripheral vascular disease (PVD) and gangrene, which were not caused by VA medical treatment.
- Claimed conditions
- gangrene, Berger's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2010
- Citation
- 1030666
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 1030666.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death, including diabetes mellitus type II and ischemic heart disease, are now presumed to be related to his in-service herbicide agent exposure. Therefore, the appeal for service connection for cause of death is granted.
- Dismissed
The appeal was dismissed due to the Veteran's death, and no compensation under 38 U.S.C. § 1151 is granted for status post amputations of 2nd and 5th toes of right foot for infection and gangrene.
- Denied
The Board denied the Veteran's claims for service connection for gangrene and entitlement to a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities. The Board found that there was no evidence linking the Veteran's gangrene disability to his in-service exposure to herbicides or any other service-connected condition, and concluded that the Veteran did not meet the criteria for TDIU.
- Granted
The Veteran's death was caused by VA negligence in administering potassium, resulting in aspiration and pneumonia. The Board found the evidence to be in equipoise and granted DIC benefits.
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