The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as the additional disability due to VA surgical treatment in November 2001 was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on part of VA and was reasonably foreseeable.
The deciding factor: The evidence did not show that the veteran's patellofemoral syndrome was due to VA's fault during his knee replacement surgery, nor was it a reasonably unforeseeable event.
- Claimed conditions
- patellofemoral syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2008
- Citation
- 0813424
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for right, left knee conditions and back pain as the evidence did not support that these conditions were caused by or aggravated by active duty service or a service-connected disability.
- Remanded (sent back)
The claim for service connection for a left knee condition (to include patellofemoral syndrome and DJD) is remanded for readjudication, as new and relevant evidence has been received sufficient to reopen the claim.
- Granted
The Board granted service connection for a right knee disability and major depressive disorder, finding that the evidence supports a direct link to the Veteran's active duty service.
- Granted
The Veteran's eligibility for VA educational assistance benefits under the Post-9/11 GI Bill is granted due to his service-connected knee disabilities.
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