The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of use of both buttocks was denied as there is no evidence that the incident caused a permanent disability resulting from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part.
The deciding factor: The medical evidence does not establish that the Veteran has lost use of both buttocks due to an event not reasonably foreseeable and caused by VA's carelessness, negligence, or similar instance of fault.
- Claimed conditions
- Impairment of rectal sphincter control, Cervical spine disability, Constricted visual field associated with tension headaches, Neurogenic bladder, Tension headaches, Major depressive disorder, Right shoulder disability, Lumbar spine disability, Right lower extremity radiculopathy, Surgical scars, Left lower extremity radiculopathy, Erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001484
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (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 22001484.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
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