The Veteran's residuals of bilateral total knee replacements, including a right knee fusion and left above-knee amputation, were caused by an unforeseeable event resulting from VA surgical treatment. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 have been met.
The deciding factor: The Veteran's residuals resulted from MRSA infection following bilateral knee replacements at a VA facility, which was not reasonably foreseeable and caused by an unforeseeable event.
- Claimed conditions
- bilateral knee degenerative joint disease, MRSA infection, right knee fusion, left above-knee amputation
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2011
- Citation
- 1127791
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 1127791.
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.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the VA did not cause any additional disability, and there was no fault on their part in providing care.
- Granted
The Veteran's service-connected disabilities, including obstructive sleep apnea and multiple musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment. His TDIU is granted, but his special monthly compensation at the housebound rate is denied due to the presence of additional service-connected disabilities.
- Partly granted
The Board granted service connection for six surgical scars and insomnia, as secondary to the service-connected intervertebral disc syndrome with lumbosacral strain status post laminectomy. It also granted a 50% disability rating for the intervertebral disc syndrome with lumbosacral strain status post laminectomy, effective July 31, 2017, and a TDIU due solely to this condition.
- Dismissed
The appeal for service connection for various conditions was dismissed as there was no decision in the Appeals Modernization Act (AMA) system to appeal at the time of the request.
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