The veteran's post-surgical complications, including peripheral neuropathy of the lower extremities and retroperitoneal hematoma with pulmonary emboli, are determined to be the direct result of VA failure to exercise reasonable care in handling his surgery. As a result, he is granted compensation under 38 U.S.C.A. § 1151 for these conditions.
The deciding factor: The veteran's post-surgical complications were found to be directly caused by VA's failure to exercise reasonable care during the treatment and release process.
- Claimed conditions
- Peripheral neuropathy of the lower extremities, Retroperitoneal hematoma and pulmonary emboli
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2006
- Citation
- 0613085
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 0613085.
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.
- Dismissed
The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because the Veteran is already receiving TDIU effective January 9, 2017.
- Partly granted
The appeal for service connection for bilateral hearing loss was denied, while the appeals for diabetes mellitus, type II, and peripheral neuropathy of both upper and lower extremities were remanded.
- Partly granted
The Board denied service connection for diabetes mellitus and peripheral neuropathy of the lower extremities, but granted a total disability rating based on individual unemployability due to service-connected disabilities from July 1, 2011.
- Granted
The Board has determined that the Veteran's peripheral neuropathy of the lower extremities is aggravated by his service-connected diabetes mellitus type II, and thus grants service connection for this condition. The Veteran does not have an immune deficiency syndrome or fibromyalgia as claimed.
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