The veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of an exploratory laparotomy and for an operation performed by VA with dentures left in the mouth were denied as there was no evidence that the additional surgical procedures were due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the VA's part, nor was it shown that such procedures were not reasonably foreseeable.
The deciding factor: The exploratory laparotomy and subsequent surgeries were performed with the veteran's consent, and there is no evidence to suggest they were due to any fault on the VA's part or that they were not reasonably foreseeable.
- Claimed conditions
- residuals of an exploratory laparotomy (claimed as an additional operation on the colon and stomach), operation performed by VA with dentures left in the mouth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2008
- Citation
- 0816471
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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