The Board granted compensation under 38 U.S.C. § 1151 for residuals of a right leg femoral fracture, finding that the Veteran's additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during physical therapy.
The deciding factor: The Board found that the proximate cause of the Veteran's additional disability was due to carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault by VA during physical therapy, as evidenced by the private medical opinion from Dr. D.C., which concluded that the standard of care was not followed.
- Claimed conditions
- Residuals of a right leg femoral fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2025
- Citation
- A25054863
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
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