The Board finds that the preponderance of the evidence is against the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for his gastric perforation and splenectomy, concluding that the surgery was not caused by VA care or an event reasonably foreseeable.
The deciding factor: The Board determined that the pre-existing surgical procedures were not the proximate cause of the Veteran's post-operative complications, as evidenced by the medical records indicating no evidence of a pre-existing ulcer in the area where the perforation occurred.
- Claimed conditions
- gastric perforation, splenectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2010
- Citation
- 1022538
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 1022538.
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.
- Partly granted
The Board denied the Veteran's claims for increased ratings and granted service connection for bilateral tinnitus.
- Remanded (sent back)
The Board remands the claims for service connection for echinococcosis/hydatid disease, splenectomy, mental health condition, sleep apnea, and dental condition due to an inadequate VA medical opinion with a sufficient rationale.
- Dismissed
The Board has dismissed the appeals for service connection for nephrectomy and splenectomy, as well as the claim of entitlement to TDIU due to the Veteran's death before a decision was made.
- Dismissed
The Board has dismissed the appeals for service connection for PTSD, OSA, splenectomy, and tinnitus as the appellant requested a withdrawal of the appeal.
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