The Board has determined that the Veteran's nerve damage of the right leg is a direct result of carelessness, negligence, or lack of proper skill on the part of VA in providing medical treatment. The claim for compensation under 38 U.S.C.A. § 1151 is granted.
The deciding factor: The Board found that consent was not properly obtained and there were no emergency circumstances to justify implied consent, which resulted in a lack of informed consent on the part of the Veteran.
- Claimed conditions
- nerve damage of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2012
- Citation
- 1240024
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 1240024.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for nerve damage of both legs and bilateral flat feet due to a procedural error in notifying the Veteran of his right to a hearing.
- Granted
The Veteran's claim for service connection for an acquired psychiatric disorder was reopened due to the submission of new and material evidence. The claims for service connection for nerve damage of the right leg, left leg, arthritis of the legs, diabetes mellitus, lymphoma, deviated septum, digestive disability, and hernia disability were all granted.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting new examinations to assess the severity of his service-connected left ankle disability, as well as the nature and etiology of his right ankle, knee, and leg disorders.
- Denied
The Board found that the Veteran's tinnitus, bilateral hearing loss, spine disorder, left leg and foot disorder (to include as secondary to a spine disorder), intestinal blockage, hypertension, thyroid disorder, nerve damage of the bilateral hands, and nerve damage of the right leg were not incurred in or aggravated by service.
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