The Board found that the veteran's current right shoulder problems, including pain, limitation of motion, loss of strength as well as arthritis and a rotator cuff tear, were caused or made worse by VA's failure to administer an antibiotic before his July 1998 right shoulder surgery. As such, the criteria for compensation benefits under 38 U.S.C.A. § 1151 are met.
The deciding factor: The Board determined that the veteran's postoperative infection was caused or made worse by VA's failure to administer pre-operative antibiotics due to his diabetes status, which is a known risk factor for postoperative infections in diabetics.
- Claimed conditions
- Right Shoulder Pain, Limitation of Motion, Loss of Strength, Arthritis, Rotator Cuff Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2002
- Citation
- 0211585
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0211585.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Dismissed
The Veteran's appeal for increased ratings for his left shoulder disability and bilateral hearing loss has been dismissed due to the Veteran requesting to withdraw the appeal for left shoulder scars.,For the period on appeal, the Veteran's left shoulder disability is manifested by limitation of motion at shoulder level with flexion and/or abduction limited to 90 degrees. The Veteran's other impairment of humerus did not manifest by fibrous union, nonunion, or loss of head.
- Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
- Denied
The Veteran's right knee strain with arthritis is currently rated at 10 percent, the maximum allowable rating under Diagnostic Code 5010 prior to February 7, 2021. The Veteran's GERD with hiatal hernia and irritable bowel syndrome is not rated higher than 30 percent.
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