The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability following VA treatment, as there was no evidence that the residuals of the surgeries were the proximate result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The Board found that the veteran's additional disability was not caused by any fault or negligence on the part of VA during his surgeries and that there was no evidence to suggest that the procedures were performed with a lack of proper skill or carelessness.
- Claimed conditions
- residuals of left hernia repair, left inguinal nerve resection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2008
- Citation
- 0815343
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
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