The Veteran's additional disability, including pain, weakness, and loss of muscle in the left lower extremity, is not considered to be caused by VA care, treatment, or examination. The Board finds that there is no evidence supporting a finding of negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The medical opinions provided indicate that the Veteran's additional disability was reasonably foreseeable and an obvious consequence of the surgery performed by VA personnel. The Veteran did not give informed consent for the removal of muscle tissue specifically, but he did consent to 'such additional operations or procedures as are found to be necessary or desirable' during the course of the procedure.
- Claimed conditions
- additional disability including pain, weakness, and loss of muscle in the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2013
- Citation
- 1324772
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 1324772.
What this means for you
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What you can do next
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