The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 due to lack of evidence showing negligence or error on the part of VA in providing medical care, and because the veteran consented to the procedure resulting in residuals.
The deciding factor: VA did not find any evidence of negligence or error in the provision of medical care that resulted in the veteran's residuals.
- Claimed conditions
- sternal dehiscence, staphylococcus (staph) infection, unstable sternum
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2008
- Citation
- 0831495
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 0831495.
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.
- Granted
The Board has determined that the staph infection was a reasonably foreseeable risk of the Veteran's CABG surgery, and thus compensation under 38 U.S.C. § 1151 is granted.
- Denied
The Veteran's sternal dehiscence following his October 2008 VA surgery is not considered a result of carelessness, negligence, or similar fault on the part of VA. The Board finds that the additional disability was reasonably foreseeable and the Veteran provided informed consent for the procedures.
- Remanded (sent back)
The Veteran seeks compensation under 38 U.S.C.A. § 1151 for sternal dehiscence related to a coronary artery bypass graft surgery performed by VA in October 2008. The case is remanded due to the need for additional medical records and an opinion regarding informed consent, causation, and foreseeability of the Veteran's residuals.
- Denied
The Board found that the Veteran did not suffer additional disability, including kidney damage, as a result of VA medical treatment. The decision denied compensation benefits pursuant to 38 U.S.C.A. § 1151.
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