The veteran's need for a cholecystectomy was not caused by his November 2002 VA surgery, and therefore he is not entitled to compensation benefits under 38 U.S.C.A. § 1151.
The deciding factor: There is no competent evidence linking the veteran's gallbladder problems, including the need for a cholecystectomy, to his November 2002 VA surgery.
- Claimed conditions
- cholecystectomy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 28, 2008
- Citation
- 0810360
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0810360.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals were withdrawn, and his claims for increased ratings and service connection were dismissed. The Board found no evidence of ankylosis or other disabling conditions that would warrant higher ratings.
- Whole decision: Remanded (sent back)
The Veteran's GERD is rated at a 30 percent rating, but no higher. The claim for TDIU was raised and must be adjudicated again.
- Whole decision: Remanded (sent back)
The Board has denied service connection for urinary frequency, as secondary to hypertension and non-service-connected diabetes mellitus type II. The other claims are remanded due to the need for additional medical opinions.
- Whole decision: Dismissed
The Veteran withdrew his appeal for service connection for cholecystectomy and stomach condition, resulting in the dismissal of these claims.
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