The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not show that VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault caused his osteoporosis and fractures of both feet.
The deciding factor: The VHA opinion concluded that VA was not negligent or careless in prescribing steroids for COPD and did not lack proper skill. The development of osteoporosis is a multifactorial event not reasonably foreseeable by a reasonable healthcare provider, as it can be caused by various factors including steroid use.
- Claimed conditions
- osteoporosis, residuals of fractures of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 16, 2011
- Citation
- 1145939
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 1145939.
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 granted an increase in PCAFC benefits to Level 2, finding that the Veteran requires continuous supervision or protection due to his cognitive decline and repeated falls.
- Whole decision: Granted
The Veteran's service-connected digestive system conditions rendered him in need of regular aid and attendance from another person, leading to the grant of special monthly compensation based on this need.
- Whole decision: Granted
The Veteran's right foot disability, including arthritis, osteoporosis, foot drop, neuropathy, difficult gait, and tinea pedis, was incurred during service and continues to this day.
- Whole decision: Remanded (sent back)
The Board has remanded the cases for further development and examination, including a VA spine examination to determine if any lumbar spine disabilities are related to service.
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