The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as there is no evidence that her right upper quadrant pain was caused by or worsened by VA treatment, and she did not have a qualifying additional disability.
The deciding factor: The medical opinion found no additional disability caused by the October 2013 gall bladder surgery and noted other possible causes of the Veteran's current complaints of pain.
- Claimed conditions
- Cholangitis, Right upper quadrant pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 29, 2021
- Citation
- 21077311
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 21077311.
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 Veteran's claims for further development and an additional VA medical opinion to address whether her gall bladder surgery resulted in additional disability, if so, whether it was caused by carelessness or negligence on VA's part, and whether any current left eye disability is related to service. The issues of compensation under 38 U.S.C. § 1151 for residuals of VA gall bladder surgery and service connection for a left eye disability are both remanded.
- Whole decision: Granted
The Veteran's low back condition is granted service connection, but his left shoulder and right wrist conditions are denied. The issue of entitlement to service connection for right upper quadrant pain and tinea pedis is remanded.
- Whole decision: Denied
The Veteran's out-of-pocket medical expenses at Nebraska Medical Center were not authorized by VA, but the Board finds that they were for a medical emergency of such nature that delay in seeking immediate medical attention would have been hazardous to life or health. However, treatment at the Omaha VAMC was feasible and reasonable.
- Whole decision: Denied
The Board found that the cause of the Veteran's death was not related to his active military service or a service-connected disability, including arthritis.
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