The Veteran has been shown to have additional disability of T-12 anterior spinal infarction and partial paraplegia of the lower extremities as a result of VA surgery performed on October 13, 2006. The Board found that this additional disability was not reasonably foreseeable and granted compensation under 38 U.S.C.A. § 1151.
The deciding factor: The proximate cause of the Veteran's additional disability was an event not reasonably foreseeable due to the infrequent nature of ischemic cord injury as a complication of aorto-bifemoral bypass surgery, which would not have been disclosed in the informed consent process.
- Claimed conditions
- T-12 anterior spinal infarction, partial paraplegia of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2015
- Citation
- 1503827
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 1503827.
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.
- Denied
The Veteran's T-12 anterior spinal infarction and partial paraplegia of the lower extremities are not service-connected under 38 U.S.C.A. § 1151 due to lack of skill, carelessness, negligence, or an unforeseen event in VA treatment.
- 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.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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