The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the proximate cause of his postoperative residuals, including acute prostatitis and E. coli bacteremia/septicemia, was not found to be due to VA carelessness or negligence.
The deciding factor: The medical evidence did not establish that VA's care caused the Veteran's additional disability; rather, it was a known risk of the procedure which he consented to.
- Claimed conditions
- Acute prostatitis, E. coli bacteremia/septicemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2009
- Citation
- 0936412
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 0936412.
What this means for you
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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 compensation under 38 U.S.C.A. § 1151 for residuals of a prostate biopsy, finding that there was no evidence of carelessness, negligence, or similar fault on VA's part in providing the treatment.
- Denied
The veteran's claim for payment of unauthorized medical services provided by a private medical facility from June 21, 2004 to June 23, 2004 was denied as the evidence showed that his condition had stabilized and he could have been safely transferred to a VA medical facility after June 20, 2004.
- Denied
The Board found that the veteran's acute prostatitis was not caused by VA treatment, and thus denied his claim under 38 U.S.C.A. § 1151.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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