The Board has determined that the veteran's acquired psychiatric disabilities, including PTSD and depressive disorder, are not service-connected but have been caused by negligence on the part of VA caregivers during surgical treatment for his nonservice-connected facial palsy. The veteran is granted compensation under 38 U.S.C.A. § 1151.
The deciding factor: The medical evidence does not support a finding that the veteran's psychiatric disabilities are related to service, but rather suggests they are due to negligence and unforeseeable complications of VA surgical treatment for his facial palsy.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Depressive disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2006
- Citation
- 0636426
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 0636426.
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.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Partly granted
The Veteran's depressive disorder was granted a 70 percent disability rating from April 27, 2020 to August 15, 2022, and a TDIU was also granted.
- Granted
The Board granted an effective date of July 14, 2020, for the grant of service connection for IVDS with spinal fusion and lumbar disc disease with stenosis, as well as associated radiculopathy of the sciatic and femoral nerves of the left and right lower extremities, and depressive disorder.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
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