The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a right hip and leg disability, finding that VA treatment in 2013 did not cause additional disabilities due to carelessness or negligence.
The deciding factor: The August 2024 examiner opined that the Veteran's additional disabilities were foreseeable outcomes of his complicated medical history and VA treatment, and no fault could be attributed to VA for these complications.
- Claimed conditions
- Right hip infection, Right leg length discrepancy, Loss of motion in the right hip, Scarring from right hip surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2024
- Citation
- 24033122
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.
- Partly granted
The Board granted initial evaluations for degenerative arthritis of the right ankle and right leg length discrepancy, while denying an evaluation in excess of 10 percent for right hip sprain with impairment of the thigh and an evaluation in excess of 20 percent for right foot degenerative arthritis.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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