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 assigned
- None in this 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 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 20070106.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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