The Board found that the right above-the-knee amputation was not caused by VA's failure to diagnose or treat a preexisting condition, and thus denied the claim under 38 U.S.C.A. § 1151.
The deciding factor: The medical expert concluded that there was no evidence of symptomatic vascular disease involving the veteran's lower extremities, and that the amputation was likely due to an acute arterial embolus rather than VA's failure to diagnose or treat a preexisting condition.
- Claimed conditions
- Right above-the-knee amputation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2006
- Citation
- 0634982
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (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 0634982.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for continued payment of SMC at the housebound rate as he did not meet the statutory requirements for one service-connected disability rated as 100% and separate disabilities rated at 60% or higher, nor was he permanently housebound by reason of service-connected disability or disabilities.
- Denied
The Board found that the right above-the-knee amputation was not caused by VA's carelessness, negligence, or lack of proper skill. The proximate cause was believed to be an infection resulting from a pressure ulcer on the Veteran's heel.
- Granted
The Veteran is entitled to a certificate of eligibility for assistance in acquiring specially adapted housing due to his service-connected right above-the-knee amputation and bilateral carpal tunnel syndrome, which together preclude locomotion without the aid of an electric wheelchair.
- Denied
The Board found no evidence of negligence or fault on the part of VA in treating the Veteran's femoral neck fracture, and ultimately denied compensation under 38 U.S.C.A. § 1151 for a right above-the-knee amputation.
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