The Veteran's claim for compensation under 38 U.S.C. § 1151 for residual disability from infection due to a cortisone shot administered by VA in November 2013 is denied as there are no residuals that can be attributed to the carelessness, negligence, or fault of VA.
The deciding factor: The Board found no evidence showing that the Veteran's current condition was caused by any failure on VA’s part and concluded that the event (the shot) was not reasonably foreseeable.
- Claimed conditions
- infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129630
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The VA denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as there was no evidence of fault on the part of VA in causing his additional disability, which included extraction of teeth numbers 7, 8, 9, and 10.
- Remanded (sent back)
The Veteran's claims are being remanded because the Board found that an independent medical expert opinion is needed to determine if his additional disabilities, including a low back disorder, back abscess, and infection, were caused by VA treatment. The case will be reviewed with this new information.
- Denied
The Veteran's metastatic kidney cancer and subsequent nephrectomy do not meet the criteria for a rating in excess of 30 percent due to lack of evidence of nephritis, infection, or pathology of the other kidney.
- Denied
The Board found no evidence of fault on the part of VA in providing care for the Veteran's left leg tendon repair, and denied compensation under 38 U.S.C. § 1151.
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