The Veteran's nerve disability is not considered to be due to carelessness, negligence, or lack of proper skill on the part of VA. The Board finds that the complication was a known risk of the procedure and thus does not meet the criteria for compensation under 38 U.S.C. § 1151.
The deciding factor: The nerve injury is considered a known complication of the cervical lymph node biopsy, which occurred as a result of the Veteran's own surgery rather than due to VA carelessness or negligence.
- Claimed conditions
- nerve disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 2, 2009
- Citation
- 0933031
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 0933031.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a nerve disability and an initial rating for post traumatic arthritis of the right ankle. The AOJ is required to provide notice about his right to a hearing under 38 C.F.R. § 3.10.
- Granted
The Board has granted service connection for a back disability, neck disability, and nerve disability. The claims are based on in-service injuries and the Veteran's current diagnoses.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, including obtaining STRs and SPRs for the Veteran's Reserve service, conducting an addendum opinion on the left shoulder disability, and scheduling a VA examination for nerve conditions.
- Denied
The Board denied the Veteran's claims for service connection and initial disability ratings for various conditions, including a nerve disability, duodenal ulcer, GERD with Barrett's esophagus, residual right ankle and right knee scars, left ear hearing loss, post traumatic arthritis of the right ankle, right knee strain, and tinnitus.
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