The Veteran sustained additional left femur and hip disability during VA medical treatment, which was not reasonably foreseeable. The Board finds in favor of the Veteran-appellant and grants entitlement to VA compensation under 38 U.S.C.A. § 1151 for residuals of a left femur fracture with hip impairment.
The deciding factor: The independent medical expert's opinion concluded that it was at least as likely as not that the Veteran's additional disability was proximately caused by an event not reasonably foreseeable, citing the in-hospital fall and lack of appropriate assistance devices and techniques utilized by medical personnel.
- Claimed conditions
- left femur fracture, hip impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2015
- Citation
- 1550522
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 1550522.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for a higher rating for his left femur fracture with degenerative arthritis of the left knee was dismissed because there was no appealable decision on this issue in the year preceding the June 2021 Notice of Disagreement.
- Denied
The Veteran's claim for an allowance for an automobile or other conveyance and adaptive equipment was denied as he is not in receipt of service-connection for the conditions that would qualify him for such benefits, and his service-connected disabilities do not meet the criteria for loss of use of a foot.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not prevent him from securing and following substantially gainful employment.
- Remanded (sent back)
The Board remands the case to obtain additional evidence and ensure compliance with prior remand directives.
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