The Veteran's arthritis of the left knee is found to be a result of tuberculosis, which was not reasonably foreseeable and caused by VA care. The Board grants compensation under 38 U.S.C.A. § 1151.
The deciding factor: The proximate cause of the Veteran's arthritis was not due to VA negligence or error but rather an unforeseeable event (tuberculosis) that occurred after his surgery, which accelerated his arthritis development.
- Claimed conditions
- Arthritis, Tuberculosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2011
- Citation
- 1138513
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 1138513.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Granted
New evidence has been received to reopen the claim of service connection for tuberculosis, and it is granted. However, there is no current diagnosis of tuberculosis.
- Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
- Denied
The Veteran's right knee strain with arthritis is currently rated at 10 percent, the maximum allowable rating under Diagnostic Code 5010 prior to February 7, 2021. The Veteran's GERD with hiatal hernia and irritable bowel syndrome is not rated higher than 30 percent.
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