The Board found that the Veteran's additional disability was not caused by VA care, treatment or examination and denied his claim.
The deciding factor: VA did not exercise the degree of care expected from a reasonable health care provider in providing post-surgical care which resulted in failure of surgical hardware.
- Claimed conditions
- T12 fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2016
- Citation
- 1641859
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 1641859.
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.
- Dismissed
The Board dismissed the claim for compensation under 38 U.S.C. § 1151 for residuals of a T12 fracture based on pre-surgical and post-surgical treatment at a VA facility from December 2001 to February 2003 due to the death of the appellant.
- Granted
The Board has granted the Veteran's claim for service connection for residuals of a T12 fracture, finding that his pre-existing back injury was aggravated during his period of active service.
- Remanded (sent back)
The Board has decided to remand the case due to missing imaging studies and clinical reports from 2003, which may support the Veteran's claim for compensation under 38 U.S.C. § 1151.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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