The Veteran's claim for compensation due to an incisional hernia resulting from kidney stone surgery is denied. The Board finds that there was no carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA’s part in furnishing hospital care, treatment, or examination that proximately caused the Veteran's additional disability.
The deciding factor: The evidence does not demonstrate that the Veteran's incisional hernia was actually caused by VA treatment and there is no indication of negligence or lack of proper skill from VA personnel.
- Claimed conditions
- incisional hernia, degenerative arthritis of spine with dextroscoliosis and lumbar spine stenosis, peptic ulcer disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19193613
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 19193613.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for a new VA examination to address functional impairment and to determine whether the Veteran has an incisional inguinal hernia.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other claims for further development.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for additional disability of the abdomen as residuals of a kidney surgery, including abdominal wall laxity and incisional hernia.
- Remanded (sent back)
The Board remands the claims for service connection for a gastrointestinal condition and entitlement to TDIU due to missing or destroyed service treatment records, requiring additional development.
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