The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence showing that the additional disability resulted from VA carelessness, negligence, lack of proper skill, error in judgment or similar fault.
The deciding factor: VA determined that the Veteran did not suffer any additional left leg/left hip disability as a result of VA treatment due to carelessness, negligence, lack of proper skill, error in judgment, or some other incident of fault on the part of VA.
- Claimed conditions
- osteomyelitis, left leg/left hip disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2010
- Citation
- 1014029
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 1014029.
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.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Dismissed
The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.
- Remanded (sent back)
The Veteran's eligibility for VA's PCAFC benefits is being remanded due to insufficient medical opinion supporting the denial of benefits. The Board finds that the Veteran requires personal care services and supervision, meeting the basic medical eligibility criteria under PCAFC.
- Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to a duty to assist error. The Board cannot consider evidence submitted after the July 2024 rating decision, but any relevant VA treatment records from January 2023 to present will be obtained.
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