Viegas v. Shinseki

Viegas served in the U.S. Army, 1965-1967. After leaving the service, he was injured in a diving accident, resulting in “incomplete” quadriplegia. In 2004, Viegas participated in a prescribed aquatic therapy session at a VA medical center. He used a restroom in the VA facility. The grab bar he used to lift himself into his wheelchair came loose from the wall and he fell to the ground. As a result of the fall, Viegas sustained injuries to his upper and lower extremities. Viegas’ medical condition deteriorated after his fall. Prior to his fall, Viegas could sometimes walk with a walker, but since the accident he can only stand with assistance. Viegas sought disability benefits under 38 U.S.C. 1151. A VA regional office denied the claim. The board affirmed, stating that such benefits are available only if additional disability results from injury that was part of the natural sequence of cause and effect flowing directly from the actual provision of hospital care, medical or surgical treatment, or examination furnished by the VA and such additional disability was directly caused by that VA activity. The Veterans Court affirmed. The Federal Circuit reversed, holding that the Veterans Court misinterpreted the causation requirement. View "Viegas v. Shinseki" on Justia Law