The Board has found deficiencies in a previous VA medical opinion and has ordered a remand to obtain an addendum opinion regarding the Veteran's right shoulder complications following his surgery. The Veteran contends that he suffered additional disability due to unqualified personnel administering a Cortisone injection several months after his surgery.
The deciding factor: The Board found the prior VA opinion insufficient as it did not address the crux of the Veteran's contention about the carelessness and negligence in allowing an unqualified person to administer a Cortisone injection, which resulted in infection and septic arthritis.
- Claimed conditions
- right shoulder replacement surgery complications, infection, septic arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2023
- Citation
- 23021028
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 23021028.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the VA medical opinion obtained in October 2023 is inadequate and constitutes a pre-decisional duty to assist error. The Veteran's claim of entitlement to compensation benefits under 38 U.S.C. 1151 for infection and inflammatory reaction due to internal right knee prosthesis, due to treatment by VA, is remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions, including hypertension, type II diabetes mellitus (DMII), skin rash, infection, cardiomyopathy, fluid around the heart, mesothelioma, and PTSD. The AOJ is required to verify the Veteran's exposure to toxins, including asbestos, and herbicide agents during his active service.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for an infection, status post total right knee replacement is denied because he did not have a current disability characterized as an infection of the right knee during the claim period.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a claimed infection and residuals from VA medical care, finding that the proximate cause of the additional disability was not reasonably foreseeable.
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