The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the VA examiner did not cause any additional disability resulting from the examination, as there is no evidence that the actions of the VA examiner were either careless, negligent, or caused an event not reasonably foreseeable.
The deciding factor: The VA examiner's actions during the February 2004 examination did not result in any additional disability and are not considered to be a case where carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA caused an additional disability.
- Claimed conditions
- right wrist, right hip, right knee, right ankle, right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2013
- Citation
- 1335219
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 1335219.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Denied
The Veteran's service connection claims for left ankle, right ankle, right hand, and left hand conditions are denied.,The Veteran's service connection claim for right hip condition is denied.,The Veteran's service connection claim for left hip condition is denied.,The Veteran's service connection claim for left wrist condition is denied.,The Veteran's service connection claim for right wrist condition is denied.
- Dismissed
Your appeal has been withdrawn by the appellant, and thus it is dismissed.
- Granted
The Veteran's left ankle disability is granted service connection, and he receives a 10% rating for his right and left knee disabilities based on limitation of motion. Separate 20% ratings are assigned for instability in both knees.
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