The Veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for residuals of a right knee arthroplasty, which he contends was caused by negligence or lack of proper skill on the part of VA during treatment at a VA medical center in Bay Pines, Florida.
The deciding factor: The Board found that an examination and opinion are necessary to determine whether there is at least a 50 percent probability or greater that any additional disability to the Veteran's right knee is due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
- Claimed conditions
- Right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2011
- Citation
- 1122556
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 1122556.
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.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his surgeries and post-surgical care resulted in additional disabilities, as well as an evaluation of fault on VA's part.
- Remanded (sent back)
The Board has remanded the claims of service connection for a right knee disability and restoration of previous ratings for left knee disabilities due to insufficient evidence.
- Denied
The Board has determined that the Veteran's claimed disabilities of right and left knee, right and left foot, and thoracolumbar spine are not service-connected as they were not shown to be incurred or aggravated during his military service.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received with respect to all the service connection claims on appeal. The claims are being remanded for further development, including obtaining VA examinations and medical opinions to determine the nature and etiology of the claimed conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.