The VA determined that the veteran's pneumothorax was not caused by negligence or lack of proper skill on the part of VA, and thus denied compensation under 38 U.S.C.A. § 1151.
The deciding factor: VA found that the risk of developing a pneumothorax during the defibrillator implant procedure was foreseeable and did not result from carelessness or negligence.
- Claimed conditions
- pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2006
- Citation
- 0611840
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 0611840.
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 claims for service connection for asthma, sarcoidosis, and pneumothorax to correct pre-decision duty-to-assist errors.
- Remanded (sent back)
The Board remands the claim for a respiratory/lung disability to obtain additional evidence, including inpatient records from a German hospital and an adequate VA examination.
- Remanded (sent back)
The Board remanded the claim for service connection of respiratory disabilities, including asthma and COPD, due to inadequate medical opinions. The Veteran will undergo another VA examination.
- Denied
The Board denied service connection for the Veteran's cause of death, finding that there was no evidence linking his service-connected disabilities to his death.
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