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 assigned
- None in this decision
- Decision date
- January 24, 2006
- Citation
- 0601953
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 for disabilities related to a positive cardiolipin microflocculation lab result in service due to an inadequate VA medical opinion.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection for any of the conditions appealed.
- Denied
The Board denied service connection for scars residual of dog bite right hand, dermatitis, right shoulder and adhesive/latex skin allergy, infertility, residuals of left ovary dermoid cyst surgery with scars, and complete loss of sense of smell (Phantosmia).
- Denied
The Board denied service connection for neck cancer, infertility, and a respiratory condition but granted service connection for chronic sinusitis.
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.