The Board denied compensation under 38 U.S.C. § 1151 for urinary retention due to VA treatment, finding that the condition was not caused by carelessness, negligence, or similar fault on the part of VA.
The deciding factor: The August 2015 VA examiner found no evidence that the Veteran's urinary retention resulted from carelessness, negligence, lack of proper skill, or similar incidence of fault on the part of the attending VA personnel, and concluded that the event was reasonably foreseeable given the known risks of an inguinal hernia surgery.
- Claimed conditions
- Urinary Retention
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 14, 2018
- Citation
- 18150060
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. Read the original VA decision (opens in a new tab) using citation 18150060.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board found that the Veteran's disability did not worsen after his January 2005 surgery, and thus he does not meet the criteria for compensation under 38 U.S.C.A. § 1151.
- Whole decision: Granted
The Veteran's urinary retention and incontinence are considered additional disabilities caused by VA hospitalization or medical treatment, specifically the brachytherapy procedure for prostate cancer. The Board has determined that these conditions meet the criteria for compensation under 38 U.S.C.A. § 1151.
- Whole decision: 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.
- Whole decision: 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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