The Veteran's post-left nephrectomy complications, including left abdominal diastasis, incisional hernia, and nerve damage, are not proximately due to or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, his claim for compensation under 38 U.S.C. § 1151 is denied.
The deciding factor: The Board found that the Veteran's post-operative complications were not proximately due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA as he was properly informed of the risks associated with the surgery and received regular follow-up care.
- Claimed conditions
- left abdominal diastasis, incisional hernia, nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 21, 2020
- Citation
- 20055483
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. Read the original VA decision (opens in a new tab) using citation 20055483.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for arthritis and nerve damage due to his Gulf War service.
- Whole decision: Remanded (sent back)
The Board has withdrawn claims for service connection for joint pains and muscle pain. The remaining issues of service connection for right hand, left hand, left knee, seizures/tremors, immune disorder, and nerve damage are remanded due to duty-to-assist errors.
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