The Veteran's above-the-knee amputation was not incurred as a result of VA failure to exercise the degree of care expected, and there is no indication that additional disability occurred due to an unforeseeable event. The Board finds that compensation under 38 U.S.C.A. § 1151 for residuals of a right leg above-the-knee amputation is denied.
The deciding factor: The VA examiner found the Veteran's condition was less likely than not due to or the result of VA treatment, as he had an elevated white blood cell count at the time of his discharge following the bypass graft procedure and later developed staphylococcal infection involving the graft. The examiner noted that the Veteran's inability to follow medical recommendations, leaving against medical advice, and inability to maintain recommended follow-up was the most likely cause of his infection and subsequent amputation.
- Claimed conditions
- Above-the-Knee Amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2011
- Citation
- 1142767
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 1142767.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's additional right knee disability is not deemed to be caused by VA hospital care, and the claim for compensation under 38 U.S.C.A. § 1151 has been denied.
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- Denied
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- 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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