The Veteran's left upper extremity disability, specifically brachial plexopathy, is due to the carelessness or negligence of VA during the March 2009 CABG surgery. The event was not reasonably foreseeable and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The left brachial plexopathy is determined to be due to an unforeseeable event during the March 2009 CABG surgery, specifically prolonged stretching of the left upper extremity caused by body positioning necessitated by the Veteran's obesity.
- Claimed conditions
- left brachial plexopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2014
- Citation
- 1453146
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 1453146.
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.
- Granted
The Veteran's anxiety and MDD are now rated at 50 percent, effective from the date of the decision. The other issues remain pending.
- Remanded (sent back)
The Board has decided to remand the claims for service connection due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's left upper extremity conditions are related to her military service.
- Granted
The Board has determined that the left brachial plexopathy, including palsy, resulting from VA surgery on July 12, 2006, is a foreseeable consequence of the surgery and thus warrants compensation under 38 U.S.C.A. § 1151.
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