The veteran's claim for compensation under 38 U.S.C. § 1151 for infertility resulting from a 1991 surgical procedure at a VA facility was denied as the proximate cause of any additional disability was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department.
The deciding factor: The veteran did not provide evidence showing that there was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA in furnishing medical treatment. The failure to warn about potential side effects from surgery is not considered a proximate cause under the statute.
- Claimed conditions
- infertility
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 24, 2006
- Citation
- 0601953
Veterans Law Judge
Decisions by this judge: 1,325 · Granted: 31% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0601953.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's infertility, claimed as azoospermia, is related to his military service and the Board has granted entitlement to service connection for this condition.
- Whole decision: Remanded (sent back)
The Board has found the May 8, 2020 Request for Higher-Level Review timely and remanded the service connection claims for infertility and sleep apnea.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for gonorrhea and its residuals, including infertility, as well as his claim for SMC based on loss of use of Creative Organ. The evidence did not support a current disability related to these conditions.
- Whole decision: Granted
The Board has granted service connection for a gynecological condition, including infertility, and special monthly compensation (SMC) based on loss of use of a creative organ.
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