The Veteran's claim for compensation under 38 U.S.C.A. � 1151 is granted as his complications are not the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, but were caused by an event that was not reasonably foreseeable resulting from the November 2007 surgery.
The deciding factor: The Veteran's complications were not proximately caused by an event that was not reasonably foreseeable as a result of his November 2007 cholecystectomy.
- Claimed conditions
- chronic infections, recurrent multiple abdominal abscesses and draining fistulas, lung mass requiring a partial lobectomy, large ventral incisional hernia, liver cysts, chronic fatigue syndrome, calcium deposits on the aorta
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2017
- Citation
- 1701857
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 1701857.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Granted
The Veteran's claims for service connection for chronic fatigue syndrome, IBS with GERD, and OSA were denied. The claim for OSA was granted due to the receipt of new evidence showing a current disability.
- Denied
The Board has denied service connection for chronic fatigue syndrome, fibromyalgia, right lower extremity radiculopathy, left lower extremity radiculopathy, and a right knee disorder. The evidence did not meet the criteria for direct service connection as there was no in-service diagnosis or continuity of symptomatology.
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