The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability following a left knee total knee replacement, finding that the care provided was not careless or negligent and that any complications were reasonably foreseeable.
The deciding factor: The VA medical opinion indicated that the retained cement causing symptoms was not due to negligence and was a complication of treatment that could be reasonably foreseen by a reasonable healthcare provider.
- Claimed conditions
- left knee status post total knee replacement
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000599
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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.