The Veteran's osteomyelitis was present prior to his gallbladder surgery and is not considered a result of VA care, thus the claim for compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: Osteomyelitis with T9 paraspinal abscess is not shown to be caused by or related to VA gallbladder surgery or hospital care due to lack of contemporaneous medical evidence and the presence of osteomyelitis prior to admission for gallbladder surgery.
- Claimed conditions
- osteomyelitis with T9 paraspinal abscess
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 27, 2014
- Citation
- 1413152
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 1413152.
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: Remanded (sent back)
The Veteran claims compensation under 38 U.S.C.A. § 1151 for additional disability of residuals of osteomyelitis with T9 paraspinal abscess as caused by VA gallbladder surgery or VA hospital care. The Board is remanding the case to obtain clarification from Dr. J. Moorman at the Mountain Home VAMC regarding whether it is at least as likely as not that the Veteran's vertebral osteomyelitis was caused by VA gall bladder surgery performed on July 5, 2006, and VA follow-up care.
- Whole decision: Denied
The Veteran's additional disability of osteomyelitis with T9 paraspinal abscess is not deemed to be caused by VA gallbladder surgery or follow-up care, and thus his claim for compensation under 38 U.S.C.A. § 1151 is denied.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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