The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's right hip and leg disabilities, finding that no additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar fault on part of VA.
The deciding factor: The August 2024 examiner concluded that the Veteran's complications were foreseeable as possible outcomes of any hip surgery and included in the informed consent forms signed by the Veteran. The Board found no evidence of negligence or carelessness on the part of VA.
- Claimed conditions
- Right Hip Infection, Right Leg Length Discrepancy, Loss of Motion of Right Hip, Right Hip Scarring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2024
- Citation
- 24033122
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (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 24033122.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's right knee condition, including ankylosis and leg length discrepancy, is granted with a specific rating. Right knee instability is granted at 10% from July 26, 2018, to March 13, 2020, but denied for other periods.
- Dismissed
The Board dismissed the appeals regarding ratings for right and left knee disabilities, as well as service connection claims for right hip and leg length discrepancies due to the Veteran's death.
- Granted
The Veteran's right leg disability, nerve pain in the hip, leg and foot, and lumbar spine disability are granted as secondary to his service-connected right knee arthritis and total knee replacement.
- Remanded (sent back)
The Veteran's claim for increased ratings for right hip post-fracture myositis ossificans with degenerative arthritis and right hip scarring as secondary to status-post fracture right femur is being remanded due to the need for further development.,Specifically, additional medical evidence may be needed to determine if a higher rating can be assigned based on current functional impairment of the hips.
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