The Veteran's additional disabilities following his left lung lobectomy are due to the VA surgical procedure performed in February 1994, and compensation under 38 U.S.C. § 1151 for residuals of a left upper lung lobectomy is granted.
The deciding factor: The surgery required use of anesthesia/sedation without signature consent from the Veteran, which does not meet mandatory VA informed consent requirements.
- Claimed conditions
- diminished lung function, intermittent breathlessness, scar formation, chest discomfort
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2012
- Citation
- 1229279
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 1229279.
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.
- Denied
The Board denied service connection for bilateral fallen arches and flatfoot, shin splints, surgery residuals, high blood pressure, and scar formation as the Veteran did not report for scheduled VA examinations.,Service connection was also denied for bilateral hearing loss due to a lack of evidence showing a current disability.
- Remanded (sent back)
The Board has remanded the case due to additional evidence submitted by the Veteran and a previously obtained VA examination report. The claim for an increased rating for scar formation will be reconsidered.
- Remanded (sent back)
The Board has remanded the restoration of service connection claims for cervical spine arthritis, lumbar spine arthritis, bilateral shoulder arthritis, right thumb arthritis, and scar formation due to insufficient medical opinions regarding their etiology. The Veteran's conditions may be related to his pre-existing polyarthralgia or osteoarthritis.
- Granted
The Veteran's unauthorized non-VA medical expenses for emergency treatment at Providence Hood River Memorial Hospital from May 20, 2013 to May 21, 2013 are granted as the condition was a serious threat to health and VA facilities were not feasibly available.
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.