The Board found that the Veteran did not suffer from an additional disability following his August 6, 2007 surgery and that VA's care or treatment did not cause such disability. As a result, compensation under 38 U.S.C. § 1151 for additional disability of the lung, including pneumothorax and pleural effusion, as a result of VA medical and surgical treatment was denied.
The deciding factor: The Board determined that the Veteran did not suffer from an additional disability following his surgery due to lack of evidence supporting such claim. Additionally, the Board found that any potential complications were reasonably foreseeable events and that informed consent forms adequately disclosed these risks.
- Claimed conditions
- pneumothorax, pleural effusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 13, 2021
- Citation
- 21063230
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 21063230.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to deficiencies in the medical opinion provided, particularly regarding the relationship between the Veteran's respiratory disability and his exposure to jet fuel during service.
- Whole decision: Remanded (sent back)
The Board has determined that VA examinations are required to determine if the Veteran's disabilities, including diabetes and neuropathy of various extremities, are at least as likely as not related to hazardous exposures during service. The issues of service connection for glaucoma secondary to diabetes are also remanded due to their inextricability with other claims.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinion and insufficient notice under 38 C.F.R. § 5104(b). The Veteran's eligibility for the PCAFC is being reviewed, but a new medical determination considering all medical information of record is needed.
- Whole decision: Dismissed
The Veteran's appeals for compensation under 38 U.S.C. 1151 for pleural effusion and embolism were dismissed due to the Veteran's death during the appeal process.
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