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 assigned
- None in this 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 vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19134564.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- Granted
The Veteran's left hip disability, including leg length discrepancy, is rated at 70 percent effective May 1, 2013.
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