The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a right elbow disorder as the result of VA treatment was denied because his additional disability did not meet the criteria set forth in the regulation.
The deciding factor: The evidence does not show that the right elbow arthroscopy with debridement and loose body removal caused an additional disability, nor did it establish that VA's care or treatment resulted in any fault on their part. The proximate cause of his additional disability was not reasonably foreseeable.
- Claimed conditions
- Right elbow disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2016
- Citation
- 1609333
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 1609333.
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.
- Granted
The Veteran's right elbow disorder is granted as secondary to his service-connected disorders, and PTSD is granted. Bilateral hearing loss remains denied.
- Remanded (sent back)
The Veteran's GERD, elbow disorders, shoulder disorders, low back disorder, hip conditions, and knee conditions are being remanded for further examination and opinion to address the etiology of these conditions.
- Denied
The Board has denied service connection for various conditions including an acquired psychiatric disorder, visual impairment, bilateral hearing loss, erectile dysfunction, a right elbow disorder, a right foot disorder, and a right lower extremity nerve disability due to the lack of evidence showing these conditions were incurred in or aggravated by service.
- Denied
The Board denied service connection for bilateral hearing loss, left and right knee disorders due to the lack of a current disability. The claims for an acquired psychiatric disorder, right elbow, and right shoulder were remanded for further development.
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