The Board finds that the staph infection and left below the knee amputation were not caused by VA's negligence or carelessness, and thus compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: The VA physician concluded that the Veteran's infection and amputation were due to his underlying conditions (diabetes and PVD) rather than any fault on the part of VA medical staff.
- Claimed conditions
- Staph Infection, Left Below the Knee Amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 3, 2013
- Citation
- 1321423
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. Read the original VA decision (opens in a new tab) using citation 1321423.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for PVD affecting both lower extremities and left and right below the knee amputations. The Veteran's hypertension is also rated at the initial 10 percent level.
- Whole decision: Granted
The Veteran's claim for compensation under 38 U.S.C. § 1151 (2012) for left below the knee amputation due to septic thrombophlebitis has been reopened and granted.
- Whole decision: Denied
The VA determined that the Veteran's increased disability following a biopsy of the mediastinum performed by VA in February 2009 was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.
- Whole decision: Granted
The Board has determined that the VA procedure to remove a cyst from the left ovary in April 2005 proximately caused the Veteran's subsequent left below the knee amputation, and this event was not reasonably foreseeable. Therefore, the criteria for VA compensation under 38 U.S.C.A. § 1151 are met.
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