The Veteran's additional disability, chronic right groin pain and neuroma, was not caused by VA's carelessness, negligence, or similar instance of fault in providing the surgical treatment. The event was foreseeable as it is a known risk associated with hernia repair.
The deciding factor: VA did not exercise the degree of care that would be expected from a reasonable health-care provider and the additional disability was due to an unforeseeable event
- Claimed conditions
- Chronic right groin pain, Neuroma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2010
- Citation
- 1035185
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 1035185.
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.
- Granted
The Veteran's claim for a separate extraschedular rating of 20 percent, but no higher, for residuals of a right inguinal hernia repair with chronic right groin pain was granted. The Board found that the Veteran’s symptoms were not contemplated by the applicable rating criteria and referred his case to the Director of Compensation Services.
- Remanded (sent back)
The Board has remanded the Veteran's claim for further development, including obtaining additional medical records and providing an addendum opinion from a VA examiner to address the Veteran's claimed foot disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for a right foot/great toe disability is being remanded due to the need for additional medical opinions regarding the nature and etiology of her current conditions.
- Granted
The Veteran's right foot disability, including a healed fracture of the fifth metatarsal and hammertoes and neuroma, has been manifested by reports of pain and difficulty with weight-bearing. The Board finds that a 10 percent rating is warranted for moderate residuals of the right foot injury.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.