The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a left leg disability is denied, and his claim for TDIU due to service-connected disabilities is also denied.
The deciding factor: The preponderance of the evidence does not support finding negligence or lack of proper skill on the part of VA in treating the Veteran's left leg fracture. The shortening of the leg was a reasonably foreseeable outcome known to occur and of which the Veteran was notified.
- Claimed conditions
- Left leg disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2012
- Citation
- 1231407
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 1231407.
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.
- Granted
The Veteran's right foot condition, including pain and functional limitation, is related to service. The Veteran's right leg disability did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability. The Veteran's left leg disability also did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability.
- Remanded (sent back)
The Board has determined that the appellant's claims for service connection are remanded due to a failure to provide adequate VA examinations and opinions, particularly regarding exposure to burn pits and other toxins (BPOTs) during his service in the Persian Gulf.
- Remanded (sent back)
The Board has remanded the issues of entitlement to service connection for right and left leg disabilities, as well as a left ankle disability, all secondary to bilateral hip, knee, and right ankle disabilities. The case is being returned for additional development.
- Denied
The Board denied service connection for PTSD and sleep disturbance, and remanded the claims for a right wrist disability, right shoulder disability, left shoulder disability, right leg disability, left leg disability, and bilateral foot disability.
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