The Veteran developed hiatal hernias, paraesophageal hernias, and recurrent bronchitis/aspiration pneumonia as a result of VA surgical procedures performed between December 1996 and June 1997. The Board finds that these conditions are not due to the carelessness or negligence of the VA in providing medical treatment.
The deciding factor: The Veteran's complications were unforeseeable consequences of her surgeries, which caused additional disabilities.
- Claimed conditions
- hiatal hernias, paraesophageal hernias, recurrent bronchitis/aspiration pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2013
- Citation
- 1328780
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 1328780.
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 Veteran's claims for increased ratings for hiatal hernia, low back disorder, and irritable bowel syndrome have been denied. The Veteran is currently rated 30 percent for hiatal hernia with paraesophageal hernias and irritable bowel syndrome, a separate 30 percent rating for esophageal stricture, and no more than 20 percent for the service-connected low back disorder since July 11, 2011. A separate 10 percent rating is granted for left lower extremity radiculopathy.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C.A. � 1151 are being remanded due to the need for additional development and a Travel Board hearing.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C.A. § 1151 are being remanded due to the need for additional medical opinions and examinations.
- Denied
The veteran does not have additional disability of hiatal and paraesophageal hernias as a result of VA treatment, which was not caused by carelessness, negligence, or lack of proper skill.
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