The Veteran's psychiatric disability is not considered to be a result of any negligence or carelessness on the part of VA while treating him for his depression. The claim for compensation pursuant to 38 U.S.C. § 1151 must be denied.
The deciding factor: The evidence does not show that any medical treatment or care at the VAMC caused an additional disability, and there is no evidence showing a disability proximately caused by VA's fault or an unforeseen event.
- Claimed conditions
- Psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2019
- Citation
- 19189736
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 19189736.
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.
- Partly granted
The Board granted an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
- Partly granted
The Board granted initial ratings of 70 percent for a psychiatric disability, 40 percent for a low back disability, and 20 percent each for bilateral lower extremity radiculopathy involving the sciatic nerve and femoral nerve. The claim for an initial rating greater than 30 percent for irritable bowel syndrome was denied.
- Denied
The Board denied the Veteran's claim for an earlier effective date for the 70 percent rating for his service-connected psychiatric disability, finding that May 9, 2022, was the earliest date as of which it was factually ascertainable based on all evidence of record that an increase in disability had occurred.
- Partly granted
The Board denied higher initial ratings for the Veteran's psychiatric and right shoulder disabilities, but granted SMC based on aid and attendance as of February 9, 2023.
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