The Board denied compensation under 38 U.S.C. § 1151 for right femoral osteomyelitis, a right hip disability, a right knee disability, and a lumbar spine disability as the Veteran's additional disabilities were not due to carelessness, negligence, lack of proper skill, error in judgment, or some other instance of fault on the part of VA, or because of an event that was not reasonably foreseeable.

The deciding factor: The delay in care ultimately led to osteomyelitis, and there is no evidence of actual causation by VA's failure to timely diagnose and properly treat the disease or injury proximately causing the Veteran's additional disabilities.

Claimed conditions

right femoral osteomyelitis, right hip disability (arthritis), right knee disability (arthritis), lumbar spine disability (degenerative disc disease)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

December 3, 2025

Citation

25014499

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