The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of right hand and wrist surgery was denied due to the absence of evidence showing that VA carelessness, negligence, or error caused additional disability.,The Veteran's request for an increased rating for his service-connected right middle finger fracture was also denied as there is no evidence indicating that VA failure to timely diagnose and properly treat the condition allowed it to progress.
The deciding factor: The Board found that the Veteran did not sustain any additional disability nor was his right hand and wrist condition worsened because of VA treatment due to carelessness, negligence, lack of proper skill, error in judgment or some other instance of fault on the part of VA.,The evidence showed that post-operative pain and stiffness are not unusual after surgery caused by fibrosis as a healing process. The failure to timely diagnose and properly treat the condition did not allow it to progress.
- Claimed conditions
- Right Hand and Wrist Condition, Right Middle Finger Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 24, 2023
- Citation
- 23011601
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. Read the original VA decision (opens in a new tab) using citation 23011601.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran is granted special monthly compensation (SMC) based on a need for aid and attendance due to service-connected disabilities, which includes PTSD, diabetes, hearing loss, and other conditions.
- Whole decision: Granted
The Veteran's service-connected right middle finger fracture is granted a 10 percent rating, effective December 30, 2014.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a new VA examination to assess the severity of the Veteran's right hand and wrist condition, as the previous examination was inadequate.
- Whole decision: Denied
The Veteran's claims for increased ratings for his right knee and middle finger disabilities were denied. The Board found that the current evaluations adequately reflected the severity of his conditions.
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