The Veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 were denied as there was no additional disability and no causation, prior to reaching the issue of informed consent.
The deciding factor: The VA medical opinions found that the Veteran did not have an additional disability resulting from VA treatment or lack thereof, and thus compensation under section 1151 is not warranted.
- Claimed conditions
- pleural effusion, obstructive pulmonary disease (COPD), recurrent bronchitis, cognitive disorder (claimed as short term memory loss)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2015
- Citation
- 1521941
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 1521941.
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.
- Granted
The Veteran's recurrent bronchitis is granted as service-connected due to exposure to burn pits during deployment, with presumptive service connection under the PACT Act.
- Remanded (sent back)
The Board has remanded the case due to deficiencies in the medical opinion provided, particularly regarding the relationship between the Veteran's respiratory disability and his exposure to jet fuel during service.
- Remanded (sent back)
The Board has determined that VA examinations are required to determine if the Veteran's disabilities, including diabetes and neuropathy of various extremities, are at least as likely as not related to hazardous exposures during service. The issues of service connection for glaucoma secondary to diabetes are also remanded due to their inextricability with other claims.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinion and insufficient notice under 38 C.F.R. § 5104(b). The Veteran's eligibility for the PCAFC is being reviewed, but a new medical determination considering all medical information of record is needed.
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