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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1321423.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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