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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0216956.
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
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