The Veteran's left ankle fracture was not caused by VA hospital care, medical or surgical treatment and thus the criteria for 38 U.S.C.A. § 1151 compensation benefits have not been met.
The deciding factor: The Veteran had left the VA facility without permission when he fell and injured his left ankle, making it impossible to determine if there was negligence by the VA in providing care or treatment that led to the injury.
- Claimed conditions
- Left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2013
- Citation
- 1342462
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 1342462.
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.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate examination report and failure to consider the effects of medication on the Veteran's left ankle disability.
- Denied
The Veteran's appeal for higher ratings for major depressive disorder, left ankle fracture, and left knee strain was denied. The Veteran is not entitled to a rating in excess of 30 percent for his major depressive disorder or an initial rating in excess of 10 percent for his left ankle fracture. However, he is granted service connection for the left knee strain as secondary to his right knee strain.
- Granted
The Board has granted service connection for a right hip condition, including need for replacement, secondary to the Veteran's service-connected left ankle fracture.
- Denied
The Board denied the Veteran's claim for service connection for residuals of a left ankle fracture, finding no clear and unmistakable error in the September 21, 2005 rating decision.
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