The Board granted compensation under 38 U.S.C. § 1151 for left total hip arthroplasty, finding that the Veteran developed additional disabilities of leg length discrepancy and back pain as a result of negligence by VA medical providers following the surgery.
The deciding factor: The Board found Dr. T.'s opinion to be more probative due to his thorough review of the record, specialized medical knowledge, and identification of mitigating measures that could have prevented the additional disabilities.
- Claimed conditions
- leg length discrepancy, back pain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000115
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
- Remanded (sent back)
The Board remands the claims for service connection for tinnitus, migraines, left knee disability, an acquired psychiatric disorder, and back pain to provide proper VCAA notice and further development.
- Dismissed
The Board denied the veteran's appeals for service connection due to untimely filings.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions as a pre-decisional duty to assist error was found, specifically regarding notice and examination.
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