The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a right arm disorder, finding no evidence of additional disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part in furnishing medical treatment.
The deciding factor: The Board concluded that the Veteran's fall was not the result of carelessness, negligence, lack of proper skill, error in judgment, or a reasonably foreseeable event, and thus did not meet the criteria for compensation under 38 U.S.C. § 1151.
- Claimed conditions
- right arm disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001447
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 claims for an increased rating for the left shoulder disorder, service connection for a cervical spine disorder, service connection for a right arm disorder, and service connection for a left arm disorder.
- Denied
The Board denied service connection for multiple disorders, including left and right knee disorders, hypertension, left hand, foot, leg, and arm disorders, fibromyalgia, and chronic fatigue syndrome (CFS), as there was no evidence of in-service incurrence or a nexus to service.
- Remanded (sent back)
The Board remands the case for further evidentiary development, including obtaining additional medical records and examinations.
- Remanded (sent back)
The Board remands the claims for further development and readjudication.
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