The Veteran's internal bleeding and gallbladder removal were not caused by VA care, but rather the result of an event reasonably foreseeable. Therefore, compensation under 38 U.S.C. § 1151 is denied.
The deciding factor: VA did not cause the Veteran's additional disability through negligence or fault in providing medical treatment; the risks associated with liver biopsy were disclosed to and consented by the Veteran.
- Claimed conditions
- internal bleeding, gallbladder removal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2010
- Citation
- 1031148
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 1031148.
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.
- Remanded (sent back)
The Board remands the claims for payment or reimbursement of non-VA medical care related to ovarian cancer, thyroid cancer, stroke, brain aneurysm, migraines, renal cysts, and gallbladder removal under the Camp Lejeune Family Member Program due to a lack of adequate notice and development.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for gallbladder removal as secondary to GERD and/or IBS due to an inadequate VA opinion.
- Denied
The Board denied the veteran's claims for increased ratings and service connection due to his failure to report for scheduled VA examinations without good cause.
- Remanded (sent back)
The Board remands the claim for service connection of gallstones and subsequent gallbladder removal to correct a duty to assist error, specifically the lack of a VA examination regarding whether the Veteran's gallstones are secondary to his service-connected appendectomy with adhesions and small bowel resection.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.