The Board denied the Veteran's claim for compensation under 38 U.S.C. §1151 for additional disability of his right hand due to a carpal tunnel release surgery, finding that the Veteran was appropriately informed about the risks and that the additional disability was a known complication of the procedure.
The deciding factor: The Board found no evidence of carelessness, negligence, lack of proper skill or error in judgment by VA practitioners, as the resulting problems are known complications of the surgery. The delay in treatment post-operation did not cause additional disability.
- Claimed conditions
- palmer cutaneous neuroma, median neuritis with reflex sympathetic dystrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2021
- Citation
- 21062260
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional evidence and an examination to determine if his right hand/wrist disability was caused by the carpal tunnel release surgery or a delay in follow-up treatment.
- Granted
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- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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