The Board has determined that the appellant's abdominal surgeries did not result in additional disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, the claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 is denied.
The deciding factor: The medical evidence does not support a finding that the appellant's current disabilities are associated with any error from the surgery in question.
- Claimed conditions
- Right knee disability, Left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2009
- Citation
- 0931342
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 0931342.
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 Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Granted
The Board has granted the Veteran's claim for service connection for a right knee disability, finding that his current diagnosis of right knee strain is related to his military service.
- Dismissed
The Veteran's claims for service connection have been dismissed due to their death.
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