The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's left below-the-knee amputation and right ankle ulcer, finding that the weight of the evidence did not support a claim that these conditions were caused by VA medical treatment.,The Board also found no evidence to support the Veteran's contention that he received an overdose of medication at the VAMC Jackson facility, which allegedly worsened his pre-existing conditions.
The deciding factor: The weight of the competent and probative evidence did not support a finding that the Veteran's left below-the-knee amputation or right ankle ulcer were caused by VA medical treatment.
- Claimed conditions
- left below the knee amputation, right ankle ulcer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2022
- Citation
- 22052027
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 22052027.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The appeals seeking an effective date prior to November 8, 2011, for the award of a TDIU rating and an effective date prior to November 8, 2011, for the award of basic eligibility to DEA are dismissed.,Entitlement to an initial rating in excess of 60 percent for left below the knee amputation is denied. The Veteran's service-connected disabilities do not satisfy the criteria for SMC at the (o) rate, the maximum rate authorized under 38 U.S.C. § 1114(p), or SMC at the rate intermediate between the rates authorized under (n) and (o) and SMC at the (k) rate.,Entitlement to an initial rating in excess of 20 percent for amputation of the right second toe from October 29, 2012, to November 14, 2012, is denied. The Veteran underwent a right below the knee amputation due to non-healing of his right second toe.
- Granted
The Board granted earlier effective dates for the grants of service connection for diabetes mellitus, Type II, diabetic retinopathy, and diabetic nephropathy, as well as awards of service connection for various peripheral neuropathies and amputations.
- Granted
The Veteran's TDIU claim was granted effective August 15, 2014. The VA also awarded eligibility for Dependents' Educational Assistance (DEA) benefits effective the same date.,An earlier effective date of August 15, 2014, was granted for both the TDIU and DEA benefits due to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about medication use and blood circulation issues that may have contributed to his amputations.
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