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United States Federal Circuit


Viegas v. Shinseki, 2012-7075

Judgment denying claim for disability compensation following claimant's fall when grab bar broke in a Veterans Affairs facility restroom, is reversed and remanded, where: 1) Veterans Court misinterpreted the causation requirement set forth in 38 USC section 1151(a)(1) as the statutory language does not suggest that injuries must be the result of medical care provided by the VA; and 2) claimant's injury is covered by section 1151 because it was caused by the VA's failure to properly maintain and install the equipment required so that treatment could take place.

Appellate Information

  • Decided 01/31/2013
  • Published 01/31/2013

Judges

  • MAYER

Court

  • United States Federal Circuit

Counsel

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