The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for the left leg below-the-knee amputation, finding that VA did not fail to properly treat his condition and that the proximate cause of the amputation was the chronicity of osteomyelitis despite weeks of antibiotic therapy.
The deciding factor: The Board found that the lack of an MRI in July 2012 did not result in the Veteran's BKA, as the treatment would have been the same even if an MRI was completed. The continued chronicity of the osteomyelitis necessitated at minimum a partial foot amputation.
- Claimed conditions
- left foot ulcer, osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000994
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 22000994.
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.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Dismissed
The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.
- Remanded (sent back)
The Veteran's eligibility for VA's PCAFC benefits is being remanded due to insufficient medical opinion supporting the denial of benefits. The Board finds that the Veteran requires personal care services and supervision, meeting the basic medical eligibility criteria under PCAFC.
- Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to a duty to assist error. The Board cannot consider evidence submitted after the July 2024 rating decision, but any relevant VA treatment records from January 2023 to present will be obtained.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.