The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability claimed due to VA surgery is denied as there is no evidence of an additional disability proximately due to the September 2004 lung resection.
The deciding factor: There is no medical evidence showing retained surgical instruments or chronic increase in back pain after the September 2004 VA surgery, and the Veteran's reported symptoms are not supported by clinical findings.
- Claimed conditions
- Back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2012
- Citation
- 1235701
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 1235701.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities result in him needing regular aid and attendance, which has been granted for special monthly compensation at the aid and attendance rate.
- Remanded (sent back)
The Board has remanded the Veteran's claims for urinary incontinence, back pain, and bilateral foot pain due to potential service connection issues. The AOJ is required to provide a VA examination and obtain an opinion regarding whether these conditions are related to service.
- Granted
The Veteran's TDIU is granted effective December 30, 1995. Basic eligibility for Dependents' Educational Assistance (DEA) is also granted as of that date.
- Denied
The Board has determined that the Veteran is not in need of personal care services for a minimum of six continuous months due to her ability to perform ADLs independently and does not require supervision or protection based on symptoms or injuries. Therefore, eligibility to enroll in the PCAFC program is denied.
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