The Board found that the Veteran's decubitus ulcer and necrotic breakdown of his right ear developed due to his critical medical condition, not because of any fault on VA's part. Therefore, the criteria for compensation under 38 U.S.C.A. § 1151 are not met.
The deciding factor: The Board determined that while the ulcers were present during treatment at the VA Medical Center, there was no evidence of carelessness, negligence, or fault on VA's part in providing the medical treatment.
- Claimed conditions
- Decubitus ulcer, Necrotic breakdown of right ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2013
- Citation
- 1341620
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 1341620.
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.
- Remanded (sent back)
The Veteran's death is being reviewed to determine if it was caused by VA care or treatment, and whether the cause of his death was reasonably foreseeable. The case is being remanded for further review.
- Remanded (sent back)
The Veteran's decubitus ulcer developed during a hospitalization at the VA Medical Center in Dallas, Texas. He claims improper care led to his condition and requests compensation under 38 U.S.C.A. § 1151.
- Denied
The Board denied the appellant's claims for Dependency and Indemnity Compensation for the cause of the veteran's death under the provisions of 38 U.S.C.A. § 1151 and also denied the claim for dependents educational assistance pursuant to Title 38, United States Code, Chapter 35.
- Denied
The Board found no evidence that VA treatment caused the veteran's additional disability, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.
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