The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to the need for a new medical opinion regarding whether his postoperative sternal wound infection was classified as 'deep' and if it was reasonably foreseeable.
The deciding factor: The Court found that neither the Board nor the January 2007 VA opinion discussed medical literature of record which recognized different classes of sternal wound infections, specifically, superficial and deep wound infections. The case is remanded for a new opinion to determine if the Veteran's postoperative sternal wound infection should be classified as 'deep' and whether it was reasonably foreseeable.
- Claimed conditions
- Staphylococcus infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2018
- Citation
- 1814974
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 1814974.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran died from a combination of underlying conditions, none of which were service-connected. The Board found that the cause of death was not caused by any service-connected disability and denied DIC benefits for cause of death as well as survivor's pension due to income exceeding maximum rates.
- Denied
The Board found no evidence of carelessness, negligence, or error in judgment by VA that caused additional disability. The leg length discrepancy and staphylococcus infection were considered reasonably foreseeable events.
- Denied
The Veteran's postoperative Staphylococcus infection following coronary artery bypass grafting was not caused by VA care, but rather the result of his own negligence in failing to follow medical instructions. The Board found that there was no evidence of fault on VA's part and concluded that the additional disability did not meet the criteria for 38 U.S.C.A. § 1151.
- Denied
The veteran's claims for benefits under 38 U.S.C.A. § 1151 were denied as there was no competent medical evidence showing current disabilities resulting from the surgeries and catheterizations.
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