The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no competent evidence to show that the additional disabilities she suffers are caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA when conducting her June 1997 breast reduction surgery.
The deciding factor: The Veteran's post-surgery complications were not due to any fault on the part of VA and there was no unforeseeable event that caused these additional disabilities.
- Claimed conditions
- scarring, nerve damage, loss of use of her legs, cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2011
- Citation
- 1129654
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 1129654.
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
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- Remanded (sent back)
The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and cervical spine disability due to potential service connection issues related to obesity, service-connected disabilities, and other factors.
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