The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for complications from infection associated with a right shoulder replacement surgery, finding that VA did not fail to exercise the degree of care expected of a reasonable health care provider.
The deciding factor: The evidence did not show that VA failed to exercise the degree of care that would be expected of a reasonable health care provider in furnishing the surgery and post-operative care, or that it was the result of an event not reasonably foreseeable.
- Claimed conditions
- Complications from infection associated with a right shoulder replacement surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003277
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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.