The Board denied the Veteran's 38 U.S.C. § 1151 claim for additional disability resulting from VA treatment of a March 2009 right ankle fracture, finding that the evidence did not establish negligence or an unforeseeable event. The Board remanded multiple service connection claims for respiratory disorder, bilateral knee disorders, right ankle disorder, low back disorder, bilateral shoulder disorders, depression, hypertension, and headache disorder for further development.
The deciding factor: The Board found that the Veteran's additional disabilities (osteomyelitis, degenerative joint disease, DVT, lymphedema, and stasis) resulted from the unfortunate complicated nature of her compound fracture rather than VA negligence or an unforeseeable event, and gave significant weight to the January 2018 VA medical opinion supported by medical literature establishing these complications as known risks of compound fractures and orthopedic surgery.
- Claimed conditions
- right ankle degenerative joint disease, deep vein thrombosis (DVT), osteomyelitis, lymphedema, stasis, respiratory disorder, right knee disorder, left knee disorder, low back disorder, right shoulder disorder, left shoulder disorder, depression, hypertension, headache disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000679
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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