The Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for perforated posterior duodenal diverticulum as a result of treatment provided by the VA in February 2003, which was not disclosed as a risk prior to surgery.
The deciding factor: The Board found that the Veteran's additional disability (perforated posterior duodenal diverticulum) was caused by carelessness or lack of proper skill on the part of the VA during the February 2003 surgical procedure, and this event was not reasonably foreseeable.
- Claimed conditions
- perforated posterior duodenal diverticulum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 24, 2017
- Citation
- 1735204
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 1735204.
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.
- Remanded (sent back)
The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a perforated posterior duodenal diverticulum, which he claims was caused by treatment provided by the VA. The Board has remanded the case due to an issue regarding Dr. Senzan Hsu's employment status.
- Denied
The Board found that the surgery causing the Veteran's perforated posterior duodenal diverticulum was not provided by VA, thus denying her claim under 38 U.S.C.A. § 1151.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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