The Board has denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a left peroneal nerve injury that occurred after his left knee total arthroplasty, finding no evidence of negligence or lack of informed consent.
The deciding factor: There is no persuasive medical or other probative evidence that the Veteran's additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing his medical care or surgical treatment.
- Claimed conditions
- left peroneal nerve injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 1, 2020
- Citation
- 20037093
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 20037093.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a bilateral neurological disorder of the lower extremities, as well as his increased ratings and compensable rating claims. The Veteran is to be scheduled for an examination by an appropriate clinician to determine the nature and etiology of a neurological disorder in the lower extremities.
- Dismissed
The Veteran's claims for PTSD, left peroneal nerve injury, and lumbar spine disability have been resolved by a September 2013 rating decision. The claim for tinnitus remains pending but has now been withdrawn by the Veteran.
- Granted
The Board has granted an initial rating of 20 percent for the Veteran's resolved left distal fibular fracture status post-surgical repair with residual left ankle tendonitis, effective December 2, 2009. The previous 10 percent rating is maintained prior to that date.
- Granted
The Veteran's left peroneal nerve injury and recurrent urinary tract infections are caused by the March 2005 VA hospitalization, but were not reasonably foreseeable complications of the treatment.,VA compensation benefits for both conditions are granted.
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