The VA determined that the veteran's incisional hernia was not caused by negligence or malpractice during his October 1994 partial nephrectomy, and thus denied compensation under 38 U.S.C.A. § 1151.
The deciding factor: The VA found no evidence of negligence or unforeseen event in the development of the veteran's incisional hernia following his 1994 surgery.
- Claimed conditions
- incisional hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2004
- Citation
- 0404143
Veterans Law Judge
Decisions by this judge: 195 · Granted: 24% (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 0404143.
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 remands the claims for a new VA examination to address functional impairment and to determine whether the Veteran has an incisional inguinal hernia.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability of the abdomen as residuals of a kidney surgery, including abdominal wall laxity and incisional hernia.
- Granted
- Denied
The Veteran's bowel perforation and resulting incisional hernia were not caused by VA carelessness, negligence, or similar fault. The Board finds the event was reasonably foreseeable.
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