The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for a post-surgical incision site infection resulting from a December 2004 lumbar spine surgery performed at VAMC New Orleans. The VA has not provided an explicit opinion regarding whether the proximate cause of the infection was fault on the part of VA in furnishing the surgical treatment or an event not reasonably foreseeable.
The deciding factor: The Board requires a clear and definitive medical opinion to determine if the proximate cause of the post-surgical incision site infection was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part in furnishing surgical treatment or an event not reasonably foreseeable.
- Claimed conditions
- Post-surgical incision site infection of the lower back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2011
- Citation
- 1130117
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 1130117.
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.
- Denied
The Board found that the Veteran's post-surgical infection did not result in additional disability and that VA was not at fault. The claim for compensation under 38 U.S.C.A. § 1151 was denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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