The Board denied VA compensation under 38 U.S.C. § 1151 for additional disability due to left thumb surgeries and service connection for vertigo, as the Veteran's conditions were not related to his military service.
The deciding factor: The failure of the screw implantation was a common complication that could happen spontaneously, and thus was reasonably foreseeable. The Veteran gave informed consent for all procedures and there is no evidence of carelessness or negligence by VA.
- Claimed conditions
- left thumb arthrodesis, left carpal tunnel release, hardware removal, interphalangeal fusion with internal fixation, reexploration and fusion (in flexion) of the left thumb interphalangeal joint, vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001716
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.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
- Denied
The Board denied service connection for vertigo, incontinence, and GERD due to the lack of evidence supporting current diagnoses. The claims for hematuria and hemorrhoids were remanded for further development.
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