The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left knee fracture resulting from VA hospitalization in March to June 2006. The case has been remanded due to the need for an additional medical opinion regarding whether the injury was caused by carelessness, negligence, or similar fault on the part of VA.
The deciding factor: The appeal is being remanded because a new medical opinion is needed to determine if the Veteran's left knee fracture resulted from carelessness, negligence, or similar fault on the part of VA personnel during his hospitalization in 2006.
- Claimed conditions
- left knee fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2015
- Citation
- 1535152
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. Search VA.gov for the original decision (opens in a new tab) using citation 1535152.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for left knee fracture residuals and traumatic brain injury residuals, finding that the additional disabilities were not caused by VA care or treatment.
- Granted
The Board granted the restoration of a 30 percent rating for the Veteran's service-connected left knee fracture disability, effective November 1, 2023.
- Denied
The Board denied the Veteran's claims of service connection for patellofemoral pain syndrome, with left knee fracture, status-post open reduction and internal fixation (ORIF), patellofemoral pain syndrome, with right knee status post-surgical growth plate arrest and patellofemoral joint arthropathy, and a left foot condition. The Board found no evidence of aggravation during service and insufficient medical evidence to support the Veteran's claims.
- Denied
The Veteran's unauthorized medical expenses incurred at a private hospital for his nonservice-connected left knee fracture are denied as he did not receive VA 'medical services' within the 24-month period preceding the emergency treatment.
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