The veteran's nonunion at the left tibial osteotomy site is considered an additional disability resulting from VA treatment in August 1984, and thus compensation under 38 U.S.C.A. § 1151 is granted.
The deciding factor: Non-union at the site of a high tibial osteotomy performed by VA was not a necessary consequence of the surgery but rather an anticipated complication that could have been avoided with proper post-operative care, thus meeting the criteria for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- Nonunion at left tibial osteotomy site
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 22, 2002
- Citation
- 0216956
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. Search VA.gov for the original decision (opens in a new tab) using citation 0216956.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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