The Board has determined that the Veteran did not sustain additional disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA treatment. Therefore, compensation under 38 U.S.C.A. § 1151 is denied for both issues.
The deciding factor: The August 2005 VA examination report did not provide a complete picture of the Veteran's condition and failed to address whether his additional disability was caused or aggravated by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA treatment.
- Claimed conditions
- Right Knee Infection, Common Peroneal Nerve Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2010
- Citation
- 1022507
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 1022507.
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.
- Denied
The Board has denied the Veteran's claims for service connection for right knee and left hand infections, finding that these conditions are not due to his military service.
- Denied
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status was denied as he did not meet the criteria under 38 U.S.C. § 1114(s).
- Denied
The Board found that the Veteran's right knee infections and subsequent fusion were not caused by any VA treatment, including the July 17, 2001, right knee tendon repair surgery or subsequent follow-up treatment.
- Granted
The Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for right knee disability due to VA's failure to provide timely and appropriate care following his total knee replacement, resulting in the need for further surgeries and potential fusion.
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