The veteran sustained nerve damage as a result of a July 2003 VA thoracotomy, which was a reasonably foreseeable risk. The veteran was not properly informed of the risk of nerve damage prior to the operation and this disclosure was not considered a minor deviation from the informed consent requirement.
The deciding factor: The failure to disclose the risk of nerve damage as a side effect of the July 2003 VA thoracotomy constituted a fault on the part of VA, meeting one of the criteria for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 7, 2007
- Citation
- 0728094
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 0728094.
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
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Other Board decisions on a similar condition or argued the same way.
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