The Board has determined that the veteran's ventral incisional hernia is not a result of negligence or other fault on the part of VA, but was due to his abdominal surgery. The Board found in favor of the veteran and granted compensation under 38 U.S.C.A. § 1151.
The deciding factor: The Board determined that while the additional disability (ventral incisional hernia) was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA, it was a reasonably foreseeable result of his colon cancer surgery.
- Claimed conditions
- Ventral incisional hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2004
- Citation
- 0428122
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 0428122.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's ventral incisional hernia has been rated at 20% since March 9, 2010. The Board found that the condition warranted a higher rating based on its severity and impact on daily activities.
- Denied
The veteran's small bowel obstruction, hiatal hernia, and recurrent ventral incisional hernia have been assigned a single 40 percent evaluation. A separate compensable rating is not warranted for the veteran's small bowel obstruction or associated scars.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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