The Veteran's right testicular atrophy was found to be a reasonably foreseeable consequence of the VA hernia repair, and compensation benefits are granted under 38 U.S.C.A. § 1151.
The deciding factor: The evidence is evenly balanced on whether the additional disability was a reasonably foreseeable consequence of the surgery, and resolving all reasonable doubt in favor of the Veteran, it is found that the atrophy was not unforeseeable.
- Claimed conditions
- right testicular atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907650
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 0907650.
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.
- Remanded (sent back)
The Veteran's right testicular disability, including atrophy and pain, was found to be worse than the current noncompensable rating. The Board has ordered a remand for further examination and consideration of all relevant evidence.
- Remanded (sent back)
The Board has determined that there is insufficient evidence in the record to determine whether the Veteran's right testicular atrophy is related to his service-connected residual right inguinal hernia. The case is being remanded for further development.
- Denied
The Board found that the April 1954, April 2004, and May 2007 rating decisions denying service connection for orchitis and right testicular atrophy associated with mumps were not clearly and unmistakably erroneous. The Veteran did not have a current disability.
- Denied
The Board has denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to a right testicular condition allegedly related to VA hernia repair in July 2002, finding that there was no proximate cause of the atrophy attributable to carelessness or negligence on the part of VA.
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