The Veteran's left below-the-knee amputation and osteomyelitis were caused by the carelessness, negligence, or lack of proper skill on the part of VA in providing medical treatment.
The deciding factor: VA fault was found to have proximately caused the Veteran's additional disability (osteomyelitis leading to BKA amputation) through its failure to exercise the degree of care expected from a reasonable health care provider and/or failure to obtain informed consent for the procedures performed.
- Claimed conditions
- Left below-the-knee amputation, Osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2010
- Citation
- 1035279
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 1035279.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board remands the claims for service connection for an acquired psychiatric disorder, hypertension, and compensation under 38 U.S.C. § 1151 for osteomyelitis to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board has remanded the case due to unresolved medical questions and potential negligence in post-operative care, which may affect the claim for compensation under 38 U.S.C. § 1151.
- Denied
The Board has denied the claim for service connection for the cause of the Veteran's death, finding that no disability resulting from injury or disease incurred in or aggravated by service contributed substantially or materially to his death.
- Remanded (sent back)
The Board has determined that another remand is necessary to obtain an addendum opinion from a qualified endocrinologist and thoracic surgeon/cardiologist regarding the Veteran's contentions about diabetes management, UTI treatment, and stent use. The claim will be readjudicated after this additional development.
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