The Board found that the veteran's incisional hernia was not caused by VA carelessness, negligence, or error in judgment. The Board concluded that the additional disability did not result from an event not reasonably foreseeable.
The deciding factor: There is no persuasive medical evidence showing fault on the part of VA in providing surgical treatment and care in October 1994.
- Claimed conditions
- incisional hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 21, 2008
- Citation
- 0840282
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. Search VA.gov for the original decision (opens in a new tab) using citation 0840282.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board remands the claims for a new VA examination to address functional impairment and to determine whether the Veteran has an incisional inguinal hernia.
- Whole decision: Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability of the abdomen as residuals of a kidney surgery, including abdominal wall laxity and incisional hernia.
- Whole decision: Granted
- Whole decision: Denied
The Veteran's bowel perforation and resulting incisional hernia were not caused by VA carelessness, negligence, or similar fault. The Board finds the event was reasonably foreseeable.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.