The Veteran's left elbow disabilities were caused by his refusal to follow medical instructions and physical resistance during an altercation with VA police, which occurred while he was refusing treatment. The Board finds that these disabilities are not compensable under 38 U.S.C.A. § 1151.
The deciding factor: The Veteran's left elbow disabilities were the result of his own willful misconduct and physical resistance during an altercation with VA police, which occurred while he was refusing treatment at a VA facility.
- Claimed conditions
- left cubital tunnel syndrome, mild left elbow ulnar neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2016
- Citation
- 1639630
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 1639630.
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 service-connected hypertension is found to be the cause of her left cubital tunnel syndrome and bilateral carpal tunnel syndrome. Her unspecified depressive disorder is rated at 50%.
- Remanded (sent back)
The Veteran's claim for service connection for bilateral arm disabilities is remanded due to incomplete STRs from his Reserve service. The AOJ must attempt to obtain these records and consider the evidence of record in its decision.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error and needs to provide an addendum medical opinion regarding the nature and etiology of any current left upper extremity disability.
- Granted
The Board has granted a compensable disability rating of 10 percent for left cubital tunnel syndrome, but denied any higher rating. The condition is currently rated as mild incomplete paralysis of the ulnar nerve.
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