The Board denied the Veteran's claims for increased ratings and service connection, finding that his right femur fracture was not caused by carelessness or negligence on the part of VA medical facility. The Board also found no evidence supporting a claim under 38 U.S.C.A. � 1151.
The deciding factor: The contemporaneous medical records did not support the Veteran's assertion that he fell from a faulty wheelchair, and his statements were deemed less credible given other inconsistencies in his history.
- Claimed conditions
- Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Right foot disability (fracture of the os calcis, status post heel spur excision, and plantar fasciitis release), Lumbar spine disability (degenerative joint disease), Left wrist disability (residuals of a left wrist fracture with carpal tunnel syndrome), Left hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2017
- Citation
- 1738518
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 1738518.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
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