The Board denied compensation under 38 U.S.C. § 1151 for additional disability resulting from a July 1993 left total hip replacement (THR) due to lack of evidence showing negligence or informed consent, as the leg-length discrepancy was considered a normal and expected outcome of the procedure.
The deciding factor: The Board found that the leg-length discrepancy following the THR was not caused by carelessness, negligence, lack of proper skill, error in judgment, similar instance of fault, or lack of informed consent on the part of VA.
- Claimed conditions
- Leg Length Discrepancy, Right Knee Disability, Right Hip Disability, Back Disability, Bilateral Lower Extremity Neuropathy, Blood Poisoning, Kidney Cysts, Hearing Loss, Vertigo, Muscle Loss, Headaches, Heart Attack
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2021
- Citation
- 21009806
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 21009806.
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