The Veteran experienced multiple complications following his VA surgery, including infections and other health issues. However, the evidence does not support a finding that these complications were caused by carelessness or negligence on VA's part.
The deciding factor: The medical evidence did not show that any of the post-operative complications were due to fault on VA's part as defined by VA regulations.
- Claimed conditions
- fatigue, weight loss, weakness, difficulty in absorbing nutrition, wound infection, atriial fibrillation, heparin-induced thrombocytopenia, sternoclavicular osteomyelitis, phlebitis, rectal fistula, abscess under surgery incision on stomach, severe anemia, low grade fevers, low back pain, depression, heart disorders, C-Diff (Clostridium difficile), chills, vomiting, nerve damage to feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2009
- Citation
- 0924055
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 0924055.
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.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Granted
The claim for service connection of a low back disability was reopened due to the submission of new and material evidence. The claim is denied as there is no evidence that the current condition is related to service.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
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