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.
- Denied
The Veteran's claims for increased ratings for scrotal abscess and right knee recurrent sprain with chronic arthralgia were denied as the Veteran failed to attend VA examinations without good cause.
- Remanded (sent back)
The DIC claim is denied because the Veteran was not rated totally disabled for a continuous period of at least 10 years immediately preceding his death. The service connection issue is remanded due to duty to assist error.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Remanded (sent back)
The Board has remanded the cases due to issues with the effective date for service connection and will consider new evidence submitted by the Veteran.
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