The Veteran is granted compensation under 38 U.S.C. § 1151 for an additional left knee/foot disability due to a total left knee replacement performed at a VA facility in February 2009, as the Board finds that this additional disability was not reasonably foreseeable and no fault on part of VA.
The deciding factor: The medical opinion supports the finding that the additional disabilities were not reasonably foreseeable at the time of the surgery due to the lack of documented injuries and the publication of studies after the procedure.
- Claimed conditions
- Left Knee Disability, Left Foot/Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2018
- Citation
- 18156005
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 18156005.
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.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Veteran's left knee disability is currently rated at 30 percent, and the Board finds no evidence of clear and unmistakable error in assigning an effective date of June 19, 2002.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
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