The Veteran's appeal for compensation under 38 U.S.C. § 1151 is denied because the evidence does not show that VA carelessness, negligence, or lack of proper skill caused additional disability resulting from delayed left thumb fusion surgery in December 2011.
The deciding factor: VA treatment records indicate appropriate medical care and informed consent for the surgical procedure, and no failure to exercise reasonable care was found.
- Claimed conditions
- loss of use of the left hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 24, 2018
- Citation
- 18105484
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. Read the original VA decision (opens in a new tab) using citation 18105484.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected left upper extremity neuropathy is reclassified as loss of use of the left hand, and he is granted SMC for this condition. He also receives SMC based on need for regular aid and attendance due to his ischemic heart disease. As of March 11, 2014, he is granted a TDIU.
- Whole decision: Denied
The Board found that discontinuance of VR&E services based on a negative feasibility determination was proper due to the Veteran's significant physical health issues and extensive limitations in his activities. The appeal is denied.
- Whole decision: Granted
The Veteran's service-connected Parkinson’s disease has resulted in the loss of use of both feet and the left hand, which are now granted.,Additionally, the Veteran is granted TDIU due to his service-connected disabilities making him unable to work.
- Whole decision: Denied
The Board denied service connection for the Veteran's claimed conditions, finding that his C5 incomplete quadriplegia and related disabilities were not caused by or aggravated by his service-connected PTSD.
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