The Veteran's claim for service connection of residuals of cold weather injury of the right hand was dismissed. The claim for reopening of his previously denied claims for right knee condition and MRSA infection is remanded.
The deciding factor: The Veteran withdrew his appeal for service connection for residuals of cold weather injury of the right hand before a decision could be made.
- Claimed conditions
- residuals of cold weather injury of the right hand, right knee condition (claimed as total knee replacement), MRSA infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19186026
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for six surgical scars and insomnia, as secondary to the service-connected intervertebral disc syndrome with lumbosacral strain status post laminectomy. It also granted a 50% disability rating for the intervertebral disc syndrome with lumbosacral strain status post laminectomy, effective July 31, 2017, and a TDIU due solely to this condition.
- Denied
The Veteran's claims for compensation under 38 U.S.C. § 1151 were denied as the evidence did not show that his additional disabilities following surgery were caused by VA's carelessness, negligence, or similar fault.,VA medical opinions found no evidence of any fault on VA’s part in providing the surgical treatment and medical care.
- Granted
The Veteran's claims for service connection for muscle damage, left knee; left foot drop; MRSA infection; CIDP; pulmonary edema; heart disability (to include congestive heart failure); renal failure; and compromised immune system are all granted. The claim for service connection for a heart disability is remanded.
- Denied
The Veteran's MRSA infection is not considered a qualifying additional disability resulting from VA treatment, and therefore compensation under 38 U.S.C. § 1151 for the MRSA infection is denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.