The Veteran's left hemidiaphragm paralysis is determined to be a known complication of the May 2000 coronary artery bypass graft (CABG) procedure performed at VA, but not due to any fault or negligence on VA's part. As such, compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: The Veteran's left hemidiaphragm paralysis was a known complication of the CABG surgery and occurred in up to 30% of patients undergoing this type of procedure, making it reasonably foreseeable.
- Claimed conditions
- left hemidiaphragm paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2010
- Citation
- 1005680
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 1005680.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for phrenic nerve paralysis with related left hemidiaphragm paralysis and sleep apnea as secondary to service-connected cervical spine and shoulder disorders due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has remanded the claims for service connection for obstructive sleep apnea and a respiratory condition, to include left hemidiaphragm paralysis and a lung condition due to inadequate opinions in previous decisions. The Veteran contends his sleep apnea is related to his service-connected residuals of right peritonsillar abscess and right cervical lymph node excision, as well as his service-connected tinnitus.
- Denied
The Board denied the Veteran's claim for TDIU prior to February 26, 2011, finding that his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.
- Denied
The Veteran's claims for service connection for coronary artery disease and peripheral vascular disease of the bilateral lower extremities were denied as there is no medical evidence linking these conditions to his military service.,For the left hemidiaphragm disability, the claim was denied under 38 U.S.C.A. § 1151 because it resulted from treatment provided at a non-VA facility.
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