The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for lumbar osteomyelitis, claimed as low back, right leg, and hip, due to treatment at a VA medical facility. The case has been remanded for clarification of informed consent documentation.
The deciding factor: The Veteran's MRSA bacteremia and lumbar osteomyelitis are likely due to the use of an indwelling catheter line (PICC line) during his treatment at a VA medical facility, but there is confusion regarding whether adequate informed consent was obtained for this procedure.
- Claimed conditions
- lumbar osteomyelitis, right leg, hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2009
- Citation
- 0944261
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 0944261.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remanded the case to obtain additional medical opinions regarding the Veteran's right leg, right hip, and back conditions, including right leg length discrepancy. The Board found that the VA has met its duty to assist the Veteran in obtaining necessary records.
- Denied
The Board denied the veteran's claim for an earlier effective date for Total Disability based on Individual Unemployability (TDIU) prior to December 1, 2019. The decision was based on evidence showing that the veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment before this date.
- Dismissed
The Board has dismissed the appeal to establish service connection for disabilities of the right shoulder and right leg due to the appellant's withdrawal.
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