The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as there was no evidence of VA negligence, carelessness, or lack of proper skill during his September 2014 right knee arthroscopy with partial medial and lateral meniscectomy.
The deciding factor: The Board found that the Veteran's postoperative complications were not due to VA negligence but rather foreseeable events such as bloody effusions and scarring from the surgery.
- Claimed conditions
- Right Knee Injury, Meniscus Tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2018
- Citation
- 18134763
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 18134763.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The September 2006 rating decision denied service connection for a fractured femur and granted service connection for a right knee injury, attributing the latter to permanent aggravation of an existing condition during service.
- Remanded (sent back)
The Veteran's claim for an initial compensable evaluation for bilateral hearing loss is denied.,The Veteran's claim for an initial evaluation in excess of 10 percent for right knee injury is remanded due to a duty to assist error.
- Denied
The Board denied a separate compensable disability rating for right knee arthritis with history of ACL and meniscus repair, finding that pyramiding was not applicable as the Veteran's symptoms were already addressed under other diagnostic codes.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling new VA examinations.
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