The Board found that the Veteran's additional left leg and/or left wrist/hand disabilities were not caused by VA's carelessness, negligence, or error in judgment. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 was denied.
The deciding factor: VA failed to exercise the degree of care that would be expected of a reasonable health care provider and did not obtain informed consent from the Veteran for the March 2005 surgical procedure, but this alone was not sufficient to establish causation as the additional disability or death resulted from an event not reasonably foreseeable.
- Claimed conditions
- left leg, left wrist/hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 20, 2011
- Citation
- 1115485
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 1115485.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for service connection for left leg and/or ankle disability, bilateral foot disabilities, and left knee disability are being remanded due to inadequate VA examinations and the need for additional medical opinions.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been submitted to reopen the claim for service connection for residuals of a contusion of the low back, right thigh and left leg. The Veteran's disability is remanded for further examination and opinion regarding its etiology.
- Granted
The Veteran's service-connected left knee, left leg, and bilateral shoulder disabilities made him unable to secure or follow a substantially gainful occupation by January 30, 2008.
- Denied
The Board denied service connection for various knee, hip, and leg disabilities, as well as a sleep condition, all of which are claimed to be related to the Appellant's time in active military service.,Service connection was not established for any of these conditions.
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