The Veteran is awarded compensation for additional left knee disability due to complications from a VA surgical procedure, including post-operative infection and delayed physical therapy.
The deciding factor: The Board found that the Veteran's additional left knee disability was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part. However, it was determined to be an event not reasonably foreseeable due to complications such as post-operative infection and delayed physical therapy.
- Claimed conditions
- left knee arthritis, degenerative joint disease of the knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2013
- Citation
- 1343310
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 1343310.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew her appeal regarding the service connection for left and right knee arthritis, thus the appeal is dismissed.
- Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Denied
The Veteran's claim for special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) is denied because he does not have a single service-connected disability rated as 100 percent disabling, and his disabilities do not meet the requirements of SMC under this section.
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