The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a staph infection resulting from surgery, as there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA and the event was not reasonably foreseeable.
The deciding factor: The Board found that the additional disability was not proximately caused by VA due to a lack of evidence showing carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, nor an event not reasonably foreseeable.
- Claimed conditions
- staph infection
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2025
- Citation
- A25046736
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.
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