The Board found that the veteran's claimed conditions were not caused by VA care, but rather occurred as a result of his lobectomy performed at a VA Medical Center. The decision denied compensation under 38 U.S.C.A. § 1151.
The deciding factor: VA treatment did not cause the veteran's claimed disabilities; they resulted from the lobectomy itself.
- Claimed conditions
- decrease in lung capacity, severe nerve damage of the chest, diminished strength and neuropathy in the right arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2007
- Citation
- 0725736
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 0725736.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the lobectomy performed in October 2004 was unnecessary and caused additional disability due to VA's failure to obtain informed consent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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