The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the lobectomy performed in October 2004 was unnecessary and caused additional disability due to VA's failure to obtain informed consent.
The deciding factor: VA's failure to obtain informed consent prior to performing an unnecessary lobectomy resulted in additional disability for the Veteran.
- Claimed conditions
- decrease in lung capacity, severe nerve damage of the chest, diminished strength and neuropathy in the right arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2009
- Citation
- 0943182
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 0943182.
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.
- Denied
The Board found that the veteran's claimed conditions were not caused by VA care, but rather occurred as a result of his lobectomy performed at a VA Medical Center. The decision denied compensation under 38 U.S.C.A. § 1151.
- Denied
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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