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.
The deciding factor: There was no evidence to support a finding of fault on the part of VA for causing additional disability.
- Claimed conditions
- Staphylococcus infection, Leg length discrepancy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 3, 2019
- Citation
- 19134564
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19134564.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board denied an initial rating in excess of 20 percent for the Veteran's back disability and granted a 20 percent rating, but not higher, for radiculopathy (sciatic nerve), right lower extremity, and a 40 percent rating, but not higher, for radiculopathy (sciatic nerve), left lower extremity. Other claims were denied.
- Whole decision: Remanded (sent back)
The Veteran's right femur fracture and leg length discrepancy are currently rated at 20 percent. The Board is remanding the case to clarify whether there has been nonunion of the right femur during the appeal period, which could affect the rating.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to outstanding private treatment records and a need for a VA examination regarding the Veteran's right hip injury and leg length discrepancy.
- Whole decision: Granted
The Veteran's left hip disability, including leg length discrepancy, is rated at 70 percent effective May 1, 2013.
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