The Veteran's incisional hernia is not considered to be the result of VA carelessness, negligence, or similar fault. The Board finds that the evidence does not support a finding that the hernia resulted from any event not reasonably foreseeable.
The deciding factor: The January 2010 VA examiner opined that the Veteran's incisional hernia was not caused by VA carelessness, negligence, lack of proper skill, or similar instance of fault. The Board finds this opinion to be most probative and persuasive.
- Claimed conditions
- Incisional hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2013
- Citation
- 1343397
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 1343397.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the development previously ordered by the June 2018 remand is still necessary to adjudicate the appeals. As such, this case is being returned for further action.
- Granted
The Veteran's special monthly compensation at the statutory housebound rate is granted as of March 21, 2013. SMC based on need for regular aid and attendance of another person is also granted as of April 15, 2015.
- Dismissed
The appeal for restoration of a 20 percent rating for an incisional hernia is dismissed. The earlier effective date claim for SMC based on loss of use of the bilateral lower extremities is denied as it does not meet the criteria.
- Denied
The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment.
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