The Veteran's claims for compensation under 38 U.S.C. § 1151 for various conditions due to the negligent failure to timely refer her to a bariatric specialist were dismissed as part of a settlement agreement.
The deciding factor: The June 2023 Federal Tort Claims Act (FTCA) settlement agreement rendered the claims res judicata, dismissing them as fully settled.
- Claimed conditions
- left hip osteoporosis, major depression, right hip osteoporosis, left radius osteopenia, osteoporosis of the back
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2025
- Citation
- A25029327
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for major depression, personality disorder, and severe anxiety due to an inadequate VA examination and opinion.
- Partly granted
The Board granted the Veteran's request to readjudicate his claim for service connection for an acquired psychiatric disorder, claimed as major depression and schizophrenia, due to new evidence being submitted after the prior final denial.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, irritable bowel syndrome, right shoulder disability (recurrent dislocation), insomnia, major depression, and posttraumatic stress disorder. However, it granted restoration of a 10 percent rating for gastroesophageal reflux disease, lumbosacral strain, left knee patellofemoral syndrome, and right knee patellofemoral syndrome.
- Partly granted
The Veteran's eligibility for Dependents' Educational Assistance (DEA) was granted from May 20, 2016. The Board also remanded the claim for a higher disability rating for his lumbosacral strain, degenerative joint disease and intervertebral disc syndrome.
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