The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that his chest and lung pain and difficulty breathing were not caused by VA carelessness, negligence, or fault related to his February 2012 thoracoscopy and lung biopsy.
The deciding factor: The Board found no evidence of additional disability beyond what would be foreseeable due to the procedure, and concluded that the Veteran's symptoms were less likely than not caused by VA carelessness, negligence, or fault.
- Claimed conditions
- severe chest and lung pain, difficulty breathing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175819
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.
- Dismissed
The appeal for service connection for a disability manifested by difficulty breathing was dismissed as the issue has been fully granted.
- Remanded (sent back)
The Board remands the issue of service connection for difficulty breathing due to an incomplete record and the need for a VA examination.
- Denied
The Board denied the Veteran's claim for a compensable rating for rhinosinusitis, also claimed as allergies and difficulty breathing.
- Denied
The Veteran's additional chronic disability of difficulty breathing and difficulty swallowing is not considered to be caused by VA medical treatment received in March 1981, thus compensation under 38 U.S.C. § 1151 for this condition is denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.