The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for left femur fracture and shortening of the left lower extremity, as well as a temporary total disability rating for treatment for hospitalization or period of convalescence.
The deciding factor: The evidence did not show that the additional disabilities were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, and they were reasonably foreseeable events.
- Claimed conditions
- left femur fracture, shortening of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20064111
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.
- Remanded (sent back)
The Board remands the case to obtain additional evidence and ensure compliance with prior remand directives.
- Granted
The veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities from December 28, 2003, to February 6, 2011.
- Remanded (sent back)
The Board has determined that the VA examinations conducted were inadequate and remands the case for further development, including a new examination to assess the current severity of the Veteran's left femur disability.
- Denied
The veteran's service-connected disabilities do not warrant a higher rating, and he is not entitled to TDIU.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.