The VA denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because there was no evidence of fault on the part of VA in providing dental treatment, and informed consent was obtained.
The deciding factor: VA found that the extraction of teeth numbers 7, 8, 9, and 10 was not caused by any negligence or fault from VA's side. The Veteran did not provide informed consent for the procedure due to misunderstanding about his options but the record showed he had been provided with all necessary information.
- Claimed conditions
- tooth extraction, infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- A20015889
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A20015889.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for service connection and TDIU were denied. Service connection was not granted as there is no evidence of a dental disability that began during active service or is otherwise related to an in-service injury or disease.
- Partly granted
The Board denied service connection for bilateral hearing loss and hyperlipidemia. All other issues were remanded for further evaluation.
- Remanded (sent back)
The Board has determined that the VA medical opinion obtained in October 2023 is inadequate and constitutes a pre-decisional duty to assist error. The Veteran's claim of entitlement to compensation benefits under 38 U.S.C. 1151 for infection and inflammatory reaction due to internal right knee prosthesis, due to treatment by VA, is remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions, including hypertension, type II diabetes mellitus (DMII), skin rash, infection, cardiomyopathy, fluid around the heart, mesothelioma, and PTSD. The AOJ is required to verify the Veteran's exposure to toxins, including asbestos, and herbicide agents during his active service.
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