The Board denied compensation under 38 U.S.C. § 1151 for kidney damage and left knee disability, finding that the proximate cause of these disabilities was not due to carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA.
The deciding factor: The Board found that the evidence did not support a finding that the Veteran's kidney damage and left knee disability were caused by or became worse as a result of the July 2012 VA treatment. The VA examiner concluded that the standard of care was met in this case, and there was no additional disability from carelessness, negligence, lack of skill, or similar incidence of fault on the part of the attending VA personnel.
- Claimed conditions
- Kidney damage, Left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2023
- Citation
- 23007362
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 23007362.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Denied
The Board has denied the Veteran's claims for service connection for back, right knee, and left knee disabilities due to a lack of evidence showing current diagnoses or functional impairment.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left, right knee disabilities and right ankle disability due to inadequate medical opinions. The cases will be returned for further development.
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