The veteran's claim for VA disability compensation under 38 U.S.C.A. § 1151 for additional disability, left facial paralysis, due to a left total parotidectomy by VA in June 1994 was granted because the left facial paralysis was not reasonably foreseeable and was caused by VA surgical treatment.
The deciding factor: The permanent left facial nerve paralysis was not considered a reasonably foreseeable event of the surgery and was not due to fault on part of VA, thus meeting the criteria for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- left facial paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 14, 2008
- Citation
- 0815738
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0815738.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's current residuals of left jaw surgery are service-connected, as his pre-existing condition was aggravated by military service.
- Remanded (sent back)
The Veteran's appeal is being remanded due to procedural issues, including the need for a hearing before another Veterans Law Judge at his local regional office.
- Dismissed
The veteran has withdrawn his appeals for increased ratings on multiple service-connected conditions, including trigeminal neuralgia, left facial paralysis, cervical spine disability, dizziness and loss of balance, and loss of sense of taste.
- Remanded (sent back)
The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability resulting from a May 2000 VA surgery, but the RO needs to obtain and review all relevant medical records and schedule an examination to determine if there is any additional disability due to the VA surgery.
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