The Board found that the Veteran's right flank pain was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care during a surgical procedure performed in August 1998.
The deciding factor: The Board concluded that the Veteran's right flank pain was not caused by the retained hardware from the attempted percutaneous nephrostomy tube placement in August 1998, as it did not meet the criteria for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- Right flank pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2014
- Citation
- 1442587
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 1442587.
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.
- Granted
The Veteran's emergency treatment for right flank pain, abdominal pain, and nausea at DeSoto Memorial Hospital on August 7, 2015 is approved. The treatment was deemed necessary due to the severity of his symptoms and the lack of availability of a VA facility within a reasonable time frame.
- Granted
The Veteran's medical expenses at St. Vincent’s Medical Center from July 16, 2016 to July 17, 2016 are granted as her condition was emergent and VA facilities were not feasibly available.
- Granted
The Veteran's right flank pain and associated symptoms on April 17, 2016 were considered a medical emergency due to the severity of his condition. The nearest VA facility was not feasibly available during his emergency, and an attempt to use one beforehand would not have been reasonable by a prudent layperson.
- Granted
The Veteran's medical expenses incurred at Sarasota Memorial Hospital on April 13, 2016 for his abdominal pain were granted as the delay in seeking immediate medical attention was considered hazardous to life or health due to his severe right flank and abdominal pain.
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