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 grants 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
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 Board granted the Veteran's request for a timely Higher-Level Review (HLR) of the January 2021 rating decision that denied service connection for irritable bowel syndrome and gastroparesis.
- Granted
The Board has granted a TDIU on an extraschedular basis due to the Veteran's service-connected disabilities, including diabetes and anxiety disorders. The decision is based on the severity of his conditions and their impact on his ability to work.
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