The Board found that the veteran's incisional hernia was not a result of VA medical care and denied compensation under 38 U.S.C.A. § 1151 for his condition.
The deciding factor: The weight of the evidence did not support a conclusion that the incisional hernia resulted from any fault by VA medical professionals or an unforeseeable event during gall bladder surgery performed by VA.
- Claimed conditions
- Incisional Hernia, Bulging at the superomedial margin of the cholecystectomy scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2004
- Citation
- 0404228
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (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 0404228.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for the loss of the right kidney and an incisional hernia following a nephrectomy due to insufficient evidence showing that VA's failure to timely diagnose or treat the conditions caused additional disability.,No new evidence was presented, nor did the Veteran provide sufficient medical expertise to support his claims.
- Granted
The Veteran's claims for service connection have been granted, and the issues of increased ratings and TDIU are remanded.
- Granted
The Veteran's post-operative incisional hernia residuals have not manifested as large and not well supported by a belt under ordinary conditions, thus the initial 20 percent rating remains in effect.
- Granted
The Board found that the Veteran's incisional hernia was not caused by VA carelessness, negligence, or error in judgment. The disability resulted from a surgical procedure performed under conditions where informed consent was provided.
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