The Board denied the Veteran's claim for benefits under 38 U.S.C.A. § 1151, finding that the residuals of his VA treatment were not caused by negligence or fault on the part of VA.
The deciding factor: The residuals were found to be foreseeable given the extensive nature of the surgical reconstruction and radiation therapy necessary to treat a carcinoma located in the maxillary sinus.
- Claimed conditions
- adenocystic carcinoma, left partial maxillectomy, left orbital floor reconstruction, medial canthal ligament repair surgery, radiation therapy for malignant neoplasm in the left maxillary/paranasal sinuses
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2013
- Citation
- 1331350
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 1331350.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's residuals from the left partial maxillectomy, orbital floor reconstruction, and subsequent radiation therapy are not considered to be due to VA carelessness, negligence, or lack of proper skill. The Board found that these complications were reasonably foreseeable.
- Denied
The Veteran's residuals from the left partial maxillectomy and subsequent radiation therapy are not service-connected as they were a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
- Remanded (sent back)
The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for residuals of left partial maxillectomy, left orbital floor reconstruction, medial canthal ligament repair surgery, and hospitalization following such surgery provided by VA. The claim is currently remanded to obtain a signed informed consent form regarding the February 1, 2006 surgical procedure.
- Remanded (sent back)
The Board has remanded the case for obtaining a signed informed consent regarding the February 1, 2006 surgical procedure and ensuring that any determination as to its unavailability is documented in the claims file.
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.