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
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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