The Veteran's left leg below the knee amputation surgery at VA in November 2014 resulted in additional disabilities including MRSA infection and critical limb ischemia, leading to an above-the-knee amputation. The Board found that these additional disabilities were not caused by any fault or unforeseeable event on the part of VA.
The deciding factor: The March 2016 VA examiner opined that the Veteran's additional disabilities were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.
- Claimed conditions
- left leg below the knee amputation, MRSA infection, critical limb ischemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2018
- Citation
- 18144430
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 18144430.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the VA did not cause any additional disability, and there was no fault on their part in providing care.
- Partly granted
The Board granted service connection for six surgical scars and insomnia, as secondary to the service-connected intervertebral disc syndrome with lumbosacral strain status post laminectomy. It also granted a 50% disability rating for the intervertebral disc syndrome with lumbosacral strain status post laminectomy, effective July 31, 2017, and a TDIU due solely to this condition.
- Granted
The Board granted a total disability evaluation based on individual unemployability (TDIU) and special monthly compensation under 38 U.S.C. 1114(s), but denied increased initial ratings for the left leg below the knee amputation and a compensable rating for the left lower extremity scar due to amputation.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for left leg below the knee amputation, service connection for a psychiatric disorder, and a total disability rating based on individual unemployability (TDIU).
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