The Board found that the Veteran's right upper extremity disability was not caused by VA negligence or error, and thus denied his claim under 38 U.S.C.A. § 1151. The nerve damage of the right wrist, arm, shoulder, and neck were also not service-connected as they did not have their clinical onset in service and are not otherwise related to active duty.
The deciding factor: The August 2009 VA examination found no indication of negligence on the part of the VA in administering chemotherapy or handling the treatment of the right arm reaction. The Veteran's current median neuropathy was more likely due to diabetes rather than the chemotherapy infusions.
- Claimed conditions
- Right upper extremity pain, Tingling in fingers, Pain and swelling at injection site, Numbness in thumb and first two fingers, Pain in right forearm, Burning pain in the right forearm, Swelling and redness in the right arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2013
- Citation
- 1300276
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 1300276.
What this means for you
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- Granted
The Veteran's claim for payment or reimbursement of medical expenses incurred at Memorial Hospital in Chattanooga, Tennessee on December 31, 2007 is granted as the treatment was for a non-emergent condition and VA facilities were not feasibly available.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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