The Veteran's claim for VA compensation benefits under 38 U.S.C.A. § 1151 for additional disability as a result of ulnar nerve exploration surgery is denied because the evidence does not show that the carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA caused the Veteran's additional disability.
The deciding factor: The medical opinion provided by VA indicates that the hole in the ulnar artery incurred during the surgery was a foreseeable risk and not due to any fault on the part of VA.
- Claimed conditions
- additional disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2017
- Citation
- 1723488
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 1723488.
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.
- Remanded (sent back)
The Board has determined that the VA's decision on the claim was not based on an adequate medical opinion and thus requires a remand for further evaluation.
- Remanded (sent back)
The Board has determined that the VA's decision on the claim was not based on an adequate medical opinion and thus requires a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the case due to incomplete development and the need for a new independent medical expert (IME) opinion regarding the Veteran's claim of additional disability resulting from VA treatment.
- Denied
The Veteran's right eye damage or additional disability is denied as there is no evidence of fault on the part of VA in providing cataract removal surgery, and the medical opinion indicates that any new or additional disability is not related to the June 2009 procedure.
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