The Veteran's chronic infection following a July 2009 splenectomy was not caused by VA negligence or fault, and the event was not reasonably foreseeable. As such, he is not entitled to compensation under 38 U.S.C.A. § 1151.
The deciding factor: The March 2012 VA examiner found no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA that caused additional disability. The January 2016 supplemental opinion confirmed appropriate pre-splenectomy care and antibiotics were provided.
- Claimed conditions
- Chronic Infection, Loss of Mobility, Chronic Pain, Kidney Dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2016
- Citation
- 1630345
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 1630345.
What this means for you
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What you can do next
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- Remanded (sent back)
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