The Veteran's additional disabilities, including vocal cord paralysis, dysphagia, hernia, and speech disturbance, are considered expected complications of the esophageal cancer surgery performed on July 23, 2008. The VA did not commit any fault or negligence in performing the surgery, nor was there an unforeseeable event resulting from it.
The deciding factor: The informed consent forms clearly outlined potential risks and side effects of the surgery, including complications such as vocal cord paralysis, dysphagia, hernia, and air pockets on swallowing. The VA medical opinions concluded that these disabilities were not caused by any fault or unforeseeable event.
- Claimed conditions
- vocal cord paralysis, dysphagia, hernia, speech disturbance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2017
- Citation
- 1723186
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 1723186.
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.
- Dismissed
The Board has dismissed the Veteran's appeal for service connection for various conditions including hypoglycemia, sinusitis, left foot pes planus, right foot pes planus, right foot plantar fasciitis, left ankle pain, left hip osteoarthritis, left knee sprain, bradycardia, dry eye, hernia, hypercholesterolemia, and bilateral hearing loss.
- Granted
The Veteran's claims for GERD, bilateral ankle pain, tendonitis and plantar fasciitis of the bilateral feet, and hernia have been granted. The claim for service connection for a lower back condition to include constant pain, fatty liver disease, multiple times high heat dehydration risk, and hepatitis A has been withdrawn.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Dismissed
The Board has dismissed the appeals for service connection for various conditions as the appellant withdrew his appeal.
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