The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability resulting from an October 2010 right hand surgery, finding that VA did not act with fault and that any additional disability was reasonably foreseeable.
The deciding factor: The evidence showed that the additional disability was a result of the known risks associated with the surgery and was therefore reasonably foreseeable.
- Claimed conditions
- Dupuytren's contracture
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000989
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.
- Partly granted
The veteran's claim for a higher rating for back disability was denied. Other issues related to service connection and total disability were remanded for further review.
- Remanded (sent back)
The Board of Veterans' Appeals remands the claims for service connection for various conditions, including hypertension, a gastrointestinal disability, sleep apnea, a skin disability, Dupuytren's contracture, and Peyronie's disease, due to inadequate VA examinations.
- Remanded (sent back)
The Board has remanded the claims for service connection for a condition of the hands and fingers, sleep apnea, and hypertension due to additional development being required. The Veteran's representative provided new evidence in September 2020.
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