The Board found that the veteran's disabilities, including his tongue deviation, difficulty swallowing, speech problems, left carotid artery occlusion (resulting in heart attack), and abdominal aortic aneurysm, were not caused by VA carelessness, negligence, or error. The decision concluded that benefits under 38 U.S.C.A. § 1151 are not warranted.
The deciding factor: The Board determined that the veteran's disabilities did not result from VA fault in providing medical treatment in April 1998.
- Claimed conditions
- Tongue deviation, Difficulty swallowing, Speech problems, Left carotid artery occlusion, Abdominal aortic aneurysm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2005
- Citation
- 0523512
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 0523512.
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.
- Remanded (sent back)
The Board remands the claim for service connection of the cause of the Veteran's death to correct duty to assist errors that occurred prior to the August 2023 decision on appeal.
- Denied
The Veteran's claim for an initial compensable rating for abdominal aortic aneurysm was denied, and his appeal for service connection for deformity of the penis due to circumcision was dismissed.
- Dismissed
The Veteran's claim for compensation under 38 U.S.C. § 1151 for a psychiatric disability is dismissed as service connection has been granted throughout the period on appeal.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for burn scars to the chest and stomach is denied due to lack of evidence showing VA negligence or fault in causing these scars.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for dental condition/loss of teeth, residual tracheotomy scar, residual airway damage (hoarseness), and difficulty swallowing is remanded for further evaluation.
- Partly granted
The Veteran's claim for service connection for a psychiatric disorder on a direct basis was denied. The Board also remanded the claims for service connection for a psychiatric disorder secondary to his service-connected disability and for difficulty swallowing, both of which are related to his laryngeal condition.,Service connection will be considered for the Veteran's psychiatric disorder if it is determined that he had a pre-existing psychiatric disorder prior to entering military service. The Board found clear and unmistakable evidence that the Veteran's psychiatric disorder did not exist before service entry, thus rebutting the presumption of soundness.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.