The Board has determined that the Veteran's left leg above-the-knee amputation was caused by VA negligence in providing timely surgical intervention, resulting in sepsis and necessitating the amputation. The claim for compensation under 38 U.S.C. § 1151 is granted.
The deciding factor: The Board found that the evidence of record was in approximate balance, with conflicting examination reports from VA and a private surgeon supporting the Veteran's contention that VA negligence caused his left leg above-the-knee amputation due to delayed surgical intervention for worsening PAD and diabetes.
- Claimed conditions
- left leg above the knee amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2023
- Citation
- 23043311
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 23043311.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 remanded the Veteran's claims for service connection for left foot amputation and left leg above the knee amputation, finding a pre-decisional duty to assist error in not obtaining VA opinions addressing these claims on a secondary basis.
- Remanded (sent back)
The Board has remanded the claims of service connection for MDS, left leg above the knee amputation, and right leg above the knee amputation due to a lack of medical opinions addressing theories of entitlement. The claim of service connection for the cause of the Veteran's death is also remanded.
- Remanded (sent back)
The Veteran's claims for service connection for diabetes mellitus type II and left leg above the knee amputation are being remanded due to incomplete development. The Board requests additional medical opinions regarding the etiology of these conditions.
- Remanded (sent back)
The Veteran's left leg above the knee amputation is being remanded for further review due to inconsistencies in medical opinions and lack of signed informed consent forms.
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