The Veteran has been granted benefits under 38 U.S.C. § 1151 for numbness and weakness of the right hand and arm, as a result of VA surgical treatment in July 2004. The claim is based on direct service connection without any presumption or secondary theory.
The deciding factor: The Board found that the chronic brachial plexopathy resulting from the July 2004 thoracotomy was most likely due to the procedure, and there was no evidence of fault or negligence by VA in the Veteran's care. The claim is granted because signature consent for the surgery was not obtained.
- Claimed conditions
- numbness, weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2011
- Citation
- 1145920
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 1145920.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's disability of numbness, tingling, and pain in the left lower extremity is granted as service connected.
- Granted
The Veteran's radiculopathy of the left and right lower extremities have been granted initial ratings of 20 percent each, effective April 19, 2023.
- Granted
The Veteran's inability to self-sustain in the community due to mobility limitations, weakness, and impaired balance requires personal care services for bathing, dressing, undressing, toileting, and mobility. The Board has granted Level 2 PCAFC benefits.
- Dismissed
The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeal, and thus the case is dismissed.
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