The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for compensation under 38 U.S.C.A. § 1151 for lymphedema and scarring of the right lower extremity due to radiation therapy, and it is granted.
The deciding factor: The misdiagnosis of liposarcoma as a lipoma led to limited surgical excision, necessitating subsequent radiation therapy which caused lymphedema and scarring. The Board concluded that this was due to lack of proper skill or similar instance of fault on the part of VA.
- Claimed conditions
- lymphedema, scarring
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2006
- Citation
- 0609867
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.
- Partly granted
The Board granted service connection for osteoradionecrosis, bilateral eye disability (including cataracts and glaucoma), and bilateral hearing loss. It also granted a 10% rating for hypertension, a 50% rating for chronic sinusitis with rhinitis, and a 100% rating for lymphedema. The Board denied compensable ratings for the residuals of squamous cell carcinoma of the left tonsil and neck.
- Dismissed
The appeal for service connection for scarring was dismissed due to a procedural error.
- Dismissed
The appeal for service connection for lymphedema was withdrawn by the Veteran, and the Board has no jurisdiction to review it.
- Partly granted
The Board granted service connection for prostate cancer, chronic renal disease, and hypertension due to presumed exposure to contaminated water at Camp Lejeune. Service connection was also granted for depression related to the Veteran's service-connected tinnitus. The claims for service connection for lymphedema, a back condition, gout, a right toe condition, a left ankle condition, diabetes mellitus, bilateral leg clots, bilateral lower extremity neurological conditions, and erectile dysfunction were denied or remanded.
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