The Veteran was granted compensation under 38 U.S.C.A. § 1151 for a rotator cuff tear of the left shoulder and an above-the-knee amputation of the right leg, both resulting from VA care.,Compensation is granted as the additional disability was not due to negligence or fault on the part of VA, but rather due to reasonably unforeseeable medical circumstances.
The deciding factor: The rotator cuff tear and above-the-knee amputation were deemed to be a result of reasonable care provided by VA, with no evidence of negligence. However, both events were found to be reasonably foreseeable complications not associated with the initial treatment or care.,The right leg amputation was due to an unforeseeable clotting disorder that developed after Coumadin therapy was discontinued in 2003.
- Claimed conditions
- rotator cuff tear of the left shoulder, above-the-knee amputation of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2015
- Citation
- 1507535
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 1507535.
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.
- Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to outstanding VA Community Care records that need to be obtained.
- Remanded (sent back)
The Board has remanded the cases for further development due to inadequate examinations of the Veteran's shoulder and spine disabilities.
- Denied
The Veteran's initial claim for a higher rating for his left shoulder disability was denied. A separate and compensable rating of 20 percent, but no higher, from January 24, 2022, for recurrent dislocation of the minor scapulohumeral joint with infrequent episodes and guarding of movement only at shoulder level, is granted.
- Remanded (sent back)
The Veteran's appeal is remanded for further development regarding his claims of entitlement to a total disability rating based on individual unemployability (TDIU) prior to February 29, 2016 and special monthly compensation (SMC) based on the need for aid and attendance or housebound status prior to December 18, 2018.,The Board has deferred a decision on his TDIU claim pending further development of his SMC claim.
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