The Board denied the claim for compensation under 38 U.S.C. § 1151 for residuals from oral surgery, finding the VA examiner's opinion that there was no carelessness, negligence, or fault by VA in the treatment provided to be competent and probative. The Board remanded three other issues: service connection for hypertension, service connection for bilateral hip disorder, and a rating in excess of 20 percent for left shoulder disability, all requiring additional adequate medical examination and opinion development.
The deciding factor: The oral surgery claim was denied based on the March 2019 VA examiner's comprehensive opinion that there was no additional disability proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or fault on the part of VA, and the three remanded issues were found to require inadequate examinations that failed to address prior diagnoses, secondary service connection theories, or adequate musculoskeletal testing standards.
- Claimed conditions
- Residuals from oral surgery, Hypertension, Bilateral hip disorder, Left shoulder disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 6, 2020
- Citation
- 20000698
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.
- Denied
The Board denied the Veteran's appeal for increased ratings for right and left shoulder disabilities, as the evidence did not support a higher rating under applicable criteria.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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