The Board has determined that the Veteran is not entitled to compensation under 38 U.S.C. § 1151 for additional disability resulting from a right total hip replacement performed at a VA facility.
The deciding factor: The evidence does not support carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing surgical treatment, nor was the additional disability due to an event that was not reasonably foreseeable.
- Claimed conditions
- residuals of a right hip disability, nerve injury with foot drop
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2022
- Citation
- 22001211
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.