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
Veterans Law Judge
Decisions by this judge: 828 · Granted: 42% (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 A25046736.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's staph infection is granted service connection. The Board has remanded the claims for bilateral feet condition, ED, and scars related to his now service-connected staph infection.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to incomplete records and duty-to-assist errors. The VA is required to obtain relevant SSA records, as well as provide an addendum opinion regarding the Veteran's claimed stressors and psychiatric disabilities.
- Remanded (sent back)
The Board remands the claims for service connection and compensation under 38 U.S.C. § 1151, as well as special monthly compensation based on aid and attendance or housebound status, due to inadequate medical opinions.
- Remanded (sent back)
The Board has identified a pre-decisional duty to assist error and must remand the issue to the AOJ for further development due to incomplete medical records. Specifically, all records contained in Vista Imaging, including a full copy of the informed consent from the January 2007 umbilical hernia repair, should be obtained and associated with the file.
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