The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's right elbow and right hand conditions, concluding that there was no additional disability due to VA surgical treatment in October 2012.
The deciding factor: The evidence did not demonstrate an additional disability caused by the VA surgery, and the proximate cause of any disability was not negligence or fault on the part of the Department.
- Claimed conditions
- Right elbow condition, Right hand condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19145552
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 readjudication of the claims for service connection for bilateral hearing loss, aphthous ulcers, a right elbow condition, an enlarged prostate, a right ankle disorder, and a left ankle disorder as no new and relevant evidence was received.
- Granted
The Board granted service connection for bilateral hand and lower extremity conditions as secondary to hypertension, SMC based on the need for aid and attendance, and a 70 percent rating for PTSD.
- Denied
The Board denied service connection for the Veteran's low back, neck, right hand, left hand, right knee, and left knee conditions as there was no evidence to support a finding that these conditions were related to active service or caused by any service-connected disability.
- Partly granted
The Veteran was granted an earlier effective date of October 1, 1997, for the award of service connection for residuals of a gunshot wound to the right foot. The motion for revision or reversal on the basis of CUE of a December 1997 rating decision that denied service connection for a right foot GSW was dismissed. An earlier effective date for service connection for radiculopathy of the RLE with femoral nerve impairment (claimed as right leg nerve condition) and entitlement to service connection for a right knee, hip, or elbow condition were denied.
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