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 assigned
- None in this decision
- Decision date
- March 28, 2008
- Citation
- 0810360
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied service connection for a hysterectomy, recurrent pregnancy loss, appendectomy status post fecaliths appendix (appendectomy), and cholecystectomy as there was no evidence of injury or disease during active duty for training at Camp Lejeune in July 1981, and the current disabilities were not related to active service.
- Denied
The Board denied service connection for pre-diabetes, cholecystectomy, a liver disability (non-alcoholic fatty liver), lung disability (pleural effusion), and an acquired psychiatric disorder (major depressive disorder and/or PTSD) due to lack of evidence supporting a link between these conditions and the Veteran's military service.
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