The VA denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as there was no evidence of fault on the part of VA in causing his additional disability, which included extraction of teeth numbers 7, 8, 9, and 10.
The deciding factor: The Board found that the Veteran did not provide informed consent for the dental procedure due to a lack of disclosure regarding alternative treatment options (root canal), but concluded that there was no negligence or fault on VA's part in providing the care.
- 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
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
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