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Viegas v. Shinseki

705 F.3d 1374 (2013)

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Viegas v. Shinseki

United States Court of Appeals for the Federal Circuit
705 F.3d 1374 (2013)

CS

Facts

John Viegas (plaintiff) was a veteran who had been injured in a post-service diving accident and as a result was an incomplete quadriplegic. Viegas was at a Department of Veterans Affairs (VA) (defendant) medical facility to receive prescribed aquatic therapy. After his therapy, a grab bar he was using in the facility’s bathroom came loose from the wall, causing Viegas to fall from his wheelchair to the floor. He suffered multiple injuries, and his mobility was significantly reduced by the accident. Viegas filed a claim with the VA, seeking benefits under 38 U.S.C. § 1151. The VA denied his claim, and Viegas appealed to the Board of Veterans’ Appeals (the board). The board upheld the VA’s denial, holding that § 1151 compensation was only available for injuries that were incurred through the VA’s fault during direct medical care. Viegas appealed to the United States Court of Appeals for Veterans Claims (the veterans court). The veterans court upheld the board’s decision, and Viegas appealed.

Rule of Law

Issue

Holding and Reasoning (Mayer, J.)

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