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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1100596.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The appeal is remanded to the RO for additional development.
- Whole decision: 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.
- Whole decision: 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.
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