The Board denied compensation under 38 U.S.C.A. § 1151 for meralgia paresthetica of the right thigh as a result of both VA cervical spine bone graft surgery and right total hip arthroplasty, finding no evidence that these procedures caused additional disability beyond what was reasonably foreseeable.
The deciding factor: The Board found no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance on the part of VA in providing examination and diagnosis. The Veteran's meralgia paresthetica was an event reasonably foreseeable as a consequence of the surgical procedures.
- Claimed conditions
- meralgia paresthetica of the right thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906959
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
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The Veteran's claim for service connection for hypertension was granted, and his meralgia paresthetica of the right thigh was restored to a 10% rating. The remaining issues were remanded.
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