The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that his additional disability was caused by VA's negligence or carelessness in providing medical treatment.
The deciding factor: The preponderance of the evidence showed no indication of negligent or careless conduct on the part of VA, and the Veteran's condition was a result of his own infection with MRSA following surgery, which is not considered an event reasonably foreseeable under 38 C.F.R. § 3.361(d)(2).
- Claimed conditions
- left thumb arthritis, left thumb interphalangeal (IP) joint cystic lesion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2011
- Citation
- 1139024
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 1139024.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for left thumb arthritis and right thumb arthritis, finding that the Veteran's current disabilities are related to his active duty service.
- Partly granted
The Board granted service connection for several left-sided joint conditions and a right shoulder disability, while denying service connection for a skeletal system disorder other than degenerative arthritis and a right knee disability.
- Denied
The Board denied service connection for bilateral hearing loss, vertigo, and various other conditions as the evidence did not support a finding that these conditions were related to the Veteran's active duty.
- Remanded (sent back)
The Board remanded the case for further development, including an adequate VA examination and a determination of whether separate ratings or service connection are warranted for paresthesias and/or muscle atrophy as distinct disabilities of the Veteran's service-connected left wrist or left-hand disabilities.
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