The Veteran's claim for compensation under 38 U.S.C. § 1151 was denied as there is no additional disability shown due to VA treatment.,The Veteran's claim for compensation under 38 U.S.C. § 1151 was also denied as there is no additional disability shown due to the procedures he underwent at the Milwaukee VAMC.
The deciding factor: There is no evidence of an additional disability resulting from VA treatment in May 2015 for overmedication and undermedication.,The Veteran's consent forms indicated that moderate sedation would be used, and there were no indications of paralysis or other severe complications during the procedures.
- Claimed conditions
- brain damage residuals resulting in lower extremity issues, speech issues, mental health issues, paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102351
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.
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- Dismissed
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- Partly granted
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- Remanded (sent back)
The Board remanded the claim for compensation due to a pre-decisional duty-to-assist error. The Veteran's claim for residuals of colon injury secondary to radiation treatment for prostate cancer will be reconsidered.
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