The Board found that the veteran's left below the knee amputation was not caused by VA medical care, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.
The deciding factor: VA did not exercise the degree of care expected from a reasonable health care provider in providing surgical care to the veteran, leading to an infection that necessitated amputation.
- Claimed conditions
- Left below the knee amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2007
- Citation
- 0739558
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 0739558.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected coronary artery disease and left below the knee amputation qualify him for specially adapted housing, as his disabilities preclude locomotion without assistive devices.
- Denied
The Veteran's claims for increased ratings for left below the knee amputation and osteomyelitis of the left tibia and fibula were denied. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 5000, as there was no definitive involucrum or sequestrum with discharging sinus.
- Granted
The Board has granted a maximum schedular rating of 100 percent for the loss of use of both feet, effective from when the claim was filed. The left foot amputation is part of this rating and does not warrant a separate evaluation.
- Denied
The Board found that the Veteran's left below the knee amputation was not caused by his service-connected diabetes mellitus type II and denied the claim.
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