The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a lack of evidence showing that VA carelessness, negligence, or error caused his additional disability (septic arthritis). The examiner concluded that the infection was more likely related to the CSI injection performed in October 2015 and not due to VA's failure to diagnose or treat properly.
The deciding factor: The Board found insufficient evidence to support a finding of fault on the part of VA, concluding that the infection was an inherent risk of the procedure despite proper care being provided.
- Claimed conditions
- Right Shoulder Arthritis, Septic Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003277
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24003277.
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.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased evaluations and service connection are remanded due to inadequate medical opinions at the time of the June and August 2025 decisions. The cases will be returned to the AOJ for further development.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in the initial disability rating for right shoulder arthritis. The Veteran needs an addendum medical opinion regarding additional lost range of motion during painful flare-ups.
- Denied
The Board denied the Veteran's claim for service connection for a right shoulder disability, finding that there was no evidence of chronic in-service injury or disease leading to arthritis and strain. The Board also found that continuity of symptomatology since service could not be established.
- Partly granted
The Board denied service connection for irritable bowel syndrome and posttraumatic stress disorder, but granted an effective date of February 4, 2024, for a 70 percent evaluation for PTSD.
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