The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as he did not sustain an additional disability due to VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault; or as a result of an unforeseen event.
The deciding factor: The medical records do not indicate that the Veteran died and had to be brought back to life during either procedure. The Board found no evidence of VA's carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault resulting in the Veteran having an additional disability.
- Claimed conditions
- cholelithiasis, sphincterotomy, cholecystectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073379
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Partly granted
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- Denied
The Board denied a rating in excess of 40 percent for the Veteran's lumbar spine disability and remanded claims for service connection for restless leg syndrome, cholecystectomy, and right lower extremity radiculopathy.
- Denied
The Board denied service connection for a hysterectomy, recurrent pregnancy loss, appendectomy status post fecaliths appendix (appendectomy), and cholecystectomy as there was no evidence of injury or disease during active duty for training at Camp Lejeune in July 1981, and the current disabilities were not related to active service.
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