The VA denied compensation benefits for residuals of a hernia surgery due to the finding that the surgery was not caused by negligence or lack of proper skill, and there is no evidence suggesting it was an event not reasonably foreseeable.
The deciding factor: The medical opinion found no fault with the operation or care provided by the Reno VAMC, and the Veteran did not demonstrate knowledge of acceptable medical practices in diagnosing and treating abdominal hernias.
- Claimed conditions
- Hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2019
- Citation
- 19180793
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.
- Partly granted
The Board granted a 100 percent disability rating for PTSD and denied an earlier effective date. The claims for service connection for various conditions were remanded.
- Granted
The Board granted compensation under 38 U.S.C. § 1151 for decreased sensation of the skin of the lower abdomen, gastroparesis, and hernia due to VA treatment in December 2008.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including psychiatric disorders and peripheral neuropathies, due to a need for additional evidence and examination.
- Denied
The Board denied the Veteran's claim for a compensable disability rating for hernia, as there was no evidence of a recurrent, readily reducible hernia that required support from a truss or belt.
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