The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is denied as there is no evidence that he developed left pleural effusion and diaphragmatic paralysis due to VA treatment, and any such conditions are not considered additional disability.
The deciding factor: The preponderance of the evidence shows that the veteran does not currently suffer from left pleural effusion or diaphragmatic paralysis as a result of the surgery performed by VA, and thus no additional disability exists.
- Claimed conditions
- left pleural effusion, diaphragmatic paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2002
- Citation
- 0212721
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 0212721.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to inadequate VA medical opinions regarding her fall and post-operative care, as well as her contention of lack of immediate medical intervention.
- Granted
The Board has granted service connection for diaphragmatic paralysis and sleep apnea, finding that the evidence is at least evenly balanced as to whether these conditions are related to active duty service.
- Remanded (sent back)
The Board has remanded the case due to an inadequate VA examination and a need for new evidence. The Veteran's lung diseases, including left pleural effusion and basilar atelectasis, are being reviewed.
- Granted
The Veteran's claim of service connection for a lung disorder, including calcified right pleural plaque, left pleural effusion, mild subcarinal adenopathy with nodes, chronic obstructive pulmonary disease and pulmonary asbestosis is granted. The issue of whether the Veteran was exposed to asbestos aboard USS Vulcan AR-5 during his service is remanded.
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