The Veteran's claim for compensation under 38 U.S.C. § 1151 for a paralyzed left phrenic nerve resulting from VA surgery is denied, and the claim for secondary sleep apnea to this condition is also denied.
The deciding factor: There is no evidence of carelessness, negligence, lack of proper skill or similar instance of fault on the part of VA in furnishing treatment. The risk of phrenic nerve injury was disclosed in the pre-surgery consent forms and the medical professionals followed appropriate standard of care.
- Claimed conditions
- Paralyzed left phrenic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2020
- Citation
- 20010909
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 20010909.
What this means for you
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