The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of status post ventral hernia surgery is denied as there is no evidence that the VA treatment caused an additional disability.
The deciding factor: The VA examiner found no evidence of carelessness, negligence, lack of proper skill or error in judgment on part of VA and concluded that the Veteran's hernia did not develop further disability or additional disability as a result of VA inaction after obtaining a CT scan in October 2010.
- Claimed conditions
- Ventral hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2019
- Citation
- A19002186
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 service connection for multiple conditions, including TBI, psychiatric disabilities, cervical and lumbar spine issues, knee strains, shoulder and wrist conditions, and a ventral hernia. The Veteran's claims were not supported by evidence of in-service incurrence or aggravation and the current presence of related disabilities.
- Denied
The Board denied the Veteran's claims for earlier effective dates for service connection and special monthly compensation, as well as DEA benefits, due to no evidence of a claim being filed within one year of separation from service.
- Partly granted
The appeal for a rating in excess of 50 percent for PTSD was denied, while other claims were remanded.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection.
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