The Board denied compensation under 38 U.S.C. � 1151 for various conditions, including osteoarthritis of the bilateral legs and inflammatory arthritis, as there was no evidence that these conditions resulted from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The Board found that the evidence did not support a conclusion that any additional disability was caused by VA treatment and that VA failed to exercise the degree of care expected of a reasonable health care provider.
- Claimed conditions
- osteoarthritis of the bilateral legs, pulmonary embolism, blood clots, deep vein thrombosis, constipation, kidney infection, urinary tract infection, kidney stones, inflammatory arthritis, incontinence, shingles, psoriasis, scalp infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004259
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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- 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.
- Remanded (sent back)
The Board remands the claim for service connection for blood clots to afford the Veteran a VA examination and obtain a medical opinion regarding the etiology of his condition, as he has a history of lower extremity blood clots and participated in toxic exposure risk activities during service.
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