The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for a penile disorder, including erectile dysfunction, following VA hospital care and/or surgery in June 2000 was denied as there was no evidence that the additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The VA examiner found that erectile dysfunction is a foreseeable event as a result of this type of surgery and that to find it solely due to the surgery would require sheer speculation. The preoperative consent form reviewed by the Veteran included information about potential risks, including erectile dysfunction.
- Claimed conditions
- erectile dysfunction
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904848
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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