The Board denied the Veteran's claims for service connection for residuals of hernia repair and gall bladder removal (claimed as cholecystitis) due to lack of new and relevant evidence. The Veteran did not submit any new or relevant evidence that would allow for readjudication of her claims.
The deciding factor: The Veteran submitted no new or relevant evidence that could support a finding of service connection for the claimed conditions, as all previous evidence was considered in the original decisions and deemed insufficient to reopen the claims.
- Claimed conditions
- residuals of hernia repair, gall bladder removal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- A19001881
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.
- Denied
The Board denied increased ratings for cervical spine, thoracolumbar spine, and GERD disabilities and remanded claims for service connection of hypertension, diabetes mellitus, sleep apnea, residuals of hernia repair, double vision, deviated septum, temporomandibular pain syndrome (TPS), and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied service connection for fatty liver, atrial fibrillation, heart disorder (ischemic heart disease), pancreatitis, and gall bladder removal as they were not shown to be related to the Veteran's active military service or in-service toxic exposure risk activities.
- Remanded (sent back)
All five issues were remanded for additional development. The Board found prior VA medical opinions inadequate because they failed to address in-service diagnoses, applied incorrect legal standards, and dismissed competent lay statements without explanation.
- Remanded (sent back)
The Board remands the claims for service connection and special monthly compensation to the AOJ for readjudication in light of additional evidence.
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