The veteran's claims for compensation under 38 U.S.C.A. § 1151 for a nerve disorder secondary to hernia surgery and an initial evaluation in excess of 10 percent for right knee pain as a residual of in-service meningococcemia with septic arthritis were denied.
The deciding factor: The competent medical evidence did not show that the veteran's currently diagnosed nerve disorder was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing hospital care or an event which was not reasonably foreseeable. The veteran's right knee range of motion was limited to at most 80 degrees of flexion and 10 degrees of extension.
- Claimed conditions
- nerve disorder, right knee pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2008
- Citation
- 0815166
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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Denied
The Board denied the Veteran's claims for service connection for right and left knee pain as there was no evidence of record to support a finding that the Veteran's current knee pain began during active service or is otherwise related to an in-service injury or disease.
- Partly granted
The Board granted service connection for PTSD and an initial 20 percent rating for dry eye syndrome with pinguecula, while denying service connection for other psychiatric disorders, bilateral hearing loss, tinnitus, and multiple musculoskeletal conditions. Some claims were remanded for further development.
- Dismissed
The appeals related to the reduction of ratings and duty to assist errors for right knee conditions were dismissed due to procedural issues.
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