The Veteran's lung and nerve disabilities are granted as compensation under 38 U.S.C. § 1151 due to an unforeseeable event during a shoulder surgery performed by a non-VA provider.
The deciding factor: The VA medical care proximately caused the left shoulder surgery, which was recommended by a VA practitioner and referred on a fee basis. The additional disabilities (lung disability and nerve disability) were not reasonably foreseeable outcomes or surgical complications of the shoulder surgery.
- Claimed conditions
- hypoventilation syndrome with diaphragmatic paralysis (lung disability), brachial plexus and phrenic nerve injuries (nerve disability)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2021
- Citation
- 21027653
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 21027653.
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
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