The Veteran's additional disability, total gastrectomy and splenectomy, was due to VA treatment without informed consent. Compensation under 38 U.S.C. § 1151 for this disability is granted.
The deciding factor: The decision was based on the lack of informed consent during a November 2012 VA hiatal hernia repair which resulted in complications including gastroparesis and subsequent need for gastric pacemaker and reoperations.
- Claimed conditions
- Total gastrectomy, Splenectomy
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20001557
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20001557.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's PTSD has been rated at 100 percent disabling from June 5, 2013 to February 14, 2024.,The claim for TDIU prior to January 15, 2020 is denied as moot.
- Denied
The Board has denied service connection for residuals of splenectomy and abdominal surgical scar status post splenectomy, finding that the underlying condition (hereditary spherocytosis) clearly and unmistakably existed prior to active service and was not aggravated by service.
- Granted
The Veteran's PTSD is granted, and his splenectomy and GSW residuals are rated at the maximum allowed. The effective dates for service connection of scars and insomnia disorder are set to August 23, 2018.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use, contractures, or significant functional impairment.
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