The Board found that the veteran's additional disability was not due to VA carelessness, negligence, or error in judgment. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: The Board determined that any additional disability did not result from VA fault and was foreseeable given the nature of the surgeries performed.
- Claimed conditions
- broken legs, staph infection, osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2006
- Citation
- 0618423
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0618423.
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.
- Granted
The Veteran's staph infection is granted service connection. The Board has remanded the claims for bilateral feet condition, ED, and scars related to his now service-connected staph infection.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Dismissed
The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.
- Remanded (sent back)
The Veteran's eligibility for VA's PCAFC benefits is being remanded due to insufficient medical opinion supporting the denial of benefits. The Board finds that the Veteran requires personal care services and supervision, meeting the basic medical eligibility criteria under PCAFC.
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