The Veteran's claim for compensation under 38 U.S.C. § 1151 was denied as there is no evidence that VA's failure to diagnose and treat the colloid cyst in May 2006 caused his current disability.
The deciding factor: VA did not fail to exercise reasonable care, nor did an unforeseeable event cause the Veteran's condition; the examiner concluded it was less likely than not that resection of the cyst would have been undertaken in 2006 if definitively diagnosed.
- Claimed conditions
- Colloid Cyst, Gastrointestinal Problems, Memory Impairment, Insomnia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2019
- Citation
- 19157296
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 19157296.
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
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- Denied
The Veteran's claim for a separate disability rating for insomnia is denied as it is subsumed under his service-connected PTSD.,The effective date for the grant of service connection for PTSD is denied as no new and material evidence was submitted within one year of the July 1986 denial, making the June 9, 2017, claim without legal merit.,The effective date for the grant of service connection for OSA is denied as no new and material evidence was submitted within one year of the April 2013 denial, making the June 9, 2017, claim without legal merit.
- Granted
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- Granted
The Board has granted a 70 percent disability rating for the Veteran's service-connected MDD, including insomnia and anxiety disorder, effective from November 13, 2024. The decision concludes that the Veteran's symptoms have most nearly approximated occupational and social impairment with deficiencies in most areas.
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