The Veteran's left facial nerve palsy, resulting from a July 2000 VA surgical treatment for parotidectomy, was not due to carelessness, negligence, or similar instance of fault on the part of VA.
The deciding factor: VA medical records indicate that the surgery involved compromise of the left facial nerve and resulted in residual total facial paralysis. The Veteran's condition did not meet the causation requirements under 38 U.S.C.A. § 1151 as there was no evidence of carelessness, negligence, or similar instance of fault on VA's part.
- Claimed conditions
- left facial nerve palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2011
- Citation
- 1100596
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 1100596.
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 Veteran is seeking compensation under 38 U.S.C.A. § 1151 for left facial nerve palsy resulting from a July 2000 surgery at VA, but the case must be remanded due to inadequate VCAA notification.
- Remanded (sent back)
The appeal is remanded to the RO for additional development.
- Remanded (sent back)
The veteran is seeking compensation under 38 U.S.C.A. § 1151 for left facial nerve palsy resulting from a VA surgical treatment in July 2000. The case has been remanded to obtain additional medical opinions and evidence.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.