The Veteran's paraplegia and lower extremity contractures, also claimed as loss of use of the right leg and loss of head and neck of the right femur, and status post right hip arthroplasty and prosthesis removal, also claimed as loss of hip joint, are not deemed to be due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA medical personnel. The Veteran's conditions were determined to have been the result of his own underlying health conditions.
The deciding factor: The June 2009 VA medical opinion found no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar finding of fault by VA in providing the Veteran with his medical treatment. The Veteran's paraplegia and lower extremity contractures were determined to be related to his underlying health conditions rather than to any fault on the part of VA.
- Claimed conditions
- paraplegia, lower extremity contractures, loss of use of the right leg, loss of head and neck of the right femur
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 29, 2012
- Citation
- 1240728
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 1240728.
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).
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- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's cause of death, including gram negative bacteremia, paraplegia, tracheostomy or intracerebral hemorrhage is related to his service-connected migraine headaches condition. The matter is REMANDED for further action.
- Whole decision: Granted
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- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional error regarding where the Veteran resided since June 1, 2017. The AOJ needs to determine this and adjust the benefits accordingly.
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