The Veteran's additional disability of burns behind the left knee with nerve damage, left foot drop and unemployability is not shown to have been proximately caused by VA surgical treatment nor is his September 19, 2002 surgery shown to have been performed in a VA facility or by a VA employee. Therefore, he does not meet the criteria for compensation under the provisions of 38 U.S.C.A. § 1151.
The deciding factor: The Veteran's additional disability is not proximately caused by VA surgical treatment and his September 19, 2002 surgery was performed at a non-VA facility under a fee basis agreement by employees who were not subject to supervision by the Secretary of Veterans Affairs.
- Claimed conditions
- burns behind the left knee, nerve damage, left foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2013
- Citation
- 1312971
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 1312971.
What this means for you
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- Remanded (sent back)
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- Denied
The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's lumbar spine herniated disc, left lower extremity radiculopathy, and left foot drop due to a delay in VA providing timely neurosurgical care.
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