The Veteran's injuries, including fractured ribs and punctured lungs, were caused by negligence in furnishing the hospital care at a VA facility. The Board finds that there is an approximate balance of positive and negative evidence regarding the cause of his fall, thus granting compensation under 38 U.S.C. § 1151.
The deciding factor: The proximate cause of the disability was negligence in furnishing the hospital care by VA personnel.
- Claimed conditions
- fractured ribs, punctured lungs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2018
- Citation
- 1802330
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 1802330.
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.
- Remanded (sent back)
The Veteran's claim for a compensable rating for fractured ribs has been denied, and her claim for a higher rating for right shoulder disability is remanded due to inadequate examination findings.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for pseudo seizures and punctured lungs due to new evidence received after a previous denial.
- Denied
The Veteran's claim for a compensable rating for residuals of fractured ribs was denied as there is no evidence of removal or resection of ribs without regeneration.,A 10 percent disability rating for the service-connected fracture of the right fifth finger was granted due to pain and functional loss, but not amputation or equivalent thereof.,The Veteran's claim for a compensable rating for the service-connected right thoracic muscle group XXI injury was denied as there is no evidence of moderate or severe impairment.
- Dismissed
Your claims for service connection for cervical spine fracture and fractured ribs have been granted by the RO, so these issues are dismissed.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.