The Veteran's gastroparesis, a result of VA surgical treatment for GERD in April 2006, is found to be caused by carelessness or negligence on the part of VA. The Board has granted compensation under 38 U.S.C. § 1151.
The deciding factor: The Veteran's gastroparesis was a result of the VA surgical treatment for GERD in April 2006, and it is determined that this additional disability was caused by carelessness or negligence on the part of VA.
- Claimed conditions
- Gastroparesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 29, 2020
- Citation
- 20070106
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 20070106.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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.
- Whole decision: Granted
The Board granted compensation under 38 U.S.C. § 1151 for decreased sensation of the skin of the lower abdomen, gastroparesis, and hernia due to VA treatment in December 2008.
- Whole decision: Partly granted
The Board granted the reinstatement of a 50 percent rating for depressive disorder with depressive features, and a 20 percent rating for right knee arthritis and left knee arthritis, while denying increased ratings for fibromyalgia, right ankle lateral collateral ligament sprain, right foot tenosynovitis, and gastroparesis.
- Whole decision: Granted
The Veteran's acquired psychiatric disability is granted, and his gastrointestinal disabilities are rated at 50 percent. The appeal for other service connection claims is remanded.
- Whole decision: Granted
The Veteran's PTSD is now rated at 100 percent effective June 5, 2015. Service connection for iliohypogastric nerve injury (claimed as nerve damage to the stomach) and diabetes mellitus are granted. The claims for service connection for vertigo, gastrointestinal disability, neurological disorder, and asthma are remanded.
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