The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for an infection following a December 2008 right partial nephrectomy, finding that there was no evidence of carelessness, negligence, lack of proper skill, or error in judgment on the part of VA.
The deciding factor: The post-surgical infection was not caused by any fault on the part of VA and was not an event reasonably foreseeable.
- Claimed conditions
- infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 10, 2021
- Citation
- 21007644
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 21007644.
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: Remanded (sent back)
The Board has determined that the VA medical opinion obtained in October 2023 is inadequate and constitutes a pre-decisional duty to assist error. The Veteran's claim of entitlement to compensation benefits under 38 U.S.C. 1151 for infection and inflammatory reaction due to internal right knee prosthesis, due to treatment by VA, is remanded.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for various conditions, including hypertension, type II diabetes mellitus (DMII), skin rash, infection, cardiomyopathy, fluid around the heart, mesothelioma, and PTSD. The AOJ is required to verify the Veteran's exposure to toxins, including asbestos, and herbicide agents during his active service.
- Whole decision: Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for an infection, status post total right knee replacement is denied because he did not have a current disability characterized as an infection of the right knee during the claim period.
- Whole decision: Remanded (sent back)
The Board has found deficiencies in a previous VA medical opinion and has ordered a remand to obtain an addendum opinion regarding the Veteran's right shoulder complications following his surgery. The Veteran contends that he suffered additional disability due to unqualified personnel administering a Cortisone injection several months after his surgery.
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