The Board has determined that the Veteran's disabilities, including cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, and loss of use of right lower extremity, were caused by carelessness or negligence on the part of VA. As a result, the Veteran is entitled to compensation under 38 U.S.C. § 1151.
The deciding factor: The Board found that the Veteran's disabilities were proximately caused by carelessness or negligence on the part of VA due to inadequate fall prevention measures and failure to properly cover his feet with non-stick socks, leading to a fall which resulted in multiple injuries.
- Claimed conditions
- cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, loss of use of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2023
- Citation
- 23065619
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 23065619.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities render him so helpless that he requires the regular aid and attendance of another person, as evidenced by his need for assistance with bathing/showering, tending to hygiene needs, eating or self-feeding, transferring in or out of a bed/chair, dressing, toileting, ambulating with his home or living area, and medication management.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for eligibility to an allowance for an automobile and/or other conveyance or adaptive equipment.
- Partly granted
The Board denied service connection for loss of bowel and bladder function but granted a 60% rating for right and left lower extremity sciatic peripheral neuropathy, and a 50% rating for right upper extremity polyneuropathy, effective from March 18, 2023.
- Partly granted
The Board denied increased ratings for various conditions but granted a 30 percent rating for left and right upper extremity weakness prior to November 13, 2024, and an earlier effective date of August 27, 2010, for total disability based on individual unemployability.
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