The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because the infection was a known risk of total hip arthroplasty and adequately disclosed in the informed consent form signed by the Veteran.
The deciding factor: The Board found that the infection was not caused by VA carelessness, negligence, or lack of proper skill, as evidenced by multiple medical opinions concluding that postoperative infections are common occurrences despite best efforts to reduce them.
- Claimed conditions
- Infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- 19167234
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 19167234.
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
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- Denied
The VA denied the veteran's claim for disability compensation under 38 U.S.C.A. § 1151 due to lack of proximate cause and failure to obtain informed consent, as the Board found that the additional disabilities were not caused by VA carelessness or negligence.
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The Board found that the cause of the veteran's death, sepsis leading to liver failure and multiple organ failure, was not caused or contributed to by any service-connected disability.
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