The residuals of the June 24, 1999, simple cystectomy were not caused by VA's carelessness or negligence and were not an unforeseeable event. Therefore, compensation pursuant to 38 U.S.C.A. § 1151 is denied.
The deciding factor: The appellant's obesity was the primary cause of his continuing difficulties with the urostomy site, not any VA treatment.
- Claimed conditions
- obesity, urethral stricture, scrotal abscess, urinary tract infections
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2002
- Citation
- 0210268
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 0210268.
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.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
- Dismissed
The veteran withdrew his appeals for service connection for obesity, obstructive sleep apnea, and hypertension.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
- Dismissed
The Veteran withdrew her appeals for service connection for various conditions, including arrhythmia and migraine headaches.
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