The Veteran's claim for compensation under the provisions of 38 U.S.C. § §§ 1151 for residuals of open-heart surgery was reopened due to new and material evidence, and the claim is now granted as he suffered an additional disability from a retained surgical item in his heart caused by VA negligence.
The deciding factor: The Veteran's condition improved after surgery but developed a retained foreign body (needle) in his pericardium which could not be removed without risk to his health. The Board found that this constituted an additional disability due to negligent care from the VA, and granted compensation under 38 U.S.C. § §§ 1151.
- Claimed conditions
- Residuals of open-heart surgery, Retained surgical item (needle) in the heart
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 2, 2019
- Citation
- 19160174
Veterans Law Judge
Decisions by this judge: 880 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19160174.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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).
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