The Board denied compensation under the provisions of 38 U.S.C. § 1151 for additional disabilities caused by an inadequate surgical procedure performed by VA in 1979.
The deciding factor: The evidence did not show that the Veteran's ventral and incisional hernias were due to negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during the surgery.
- Claimed conditions
- ventral and incisional hernias of the abdomen, with a draining sinus/fistula tract
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001482
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.