The Veteran's residuals of a staphylococcus infection, including shortness of breath, muscle loss of the upper extremities, a ventral hernia, and necessity to limit activities, are considered additional disabilities caused by VA medical treatment without reasonable foreseeability. The Board finds that these conditions were not due to willful misconduct and proximately resulted from carelessness or negligence in providing medical treatment.
The deciding factor: The evidence does not conclusively establish whether the staphylococcus infection was a foreseeable risk of the CABG surgery, but it is considered an unforeseeable event given its rarity as a complication of the procedure.
- Claimed conditions
- shortness of breath, muscle loss of the upper extremities, a ventral hernia, necessity to limit activities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 11, 2015
- Citation
- 1506384
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. Search VA.gov for the original decision (opens in a new tab) using citation 1506384.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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).
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