The Board found that the Veteran's additional lung disability, including a collapsed lung, and his residuals from the August 2008 VA left lower lobectomy were not caused by VA carelessness, negligence, or similar fault. The decision also noted that the outcomes of the surgery were foreseeable risks.
The deciding factor: The March 2020 VA opinion found no evidence of any carelessness, negligence, lack of skill, or similar incident of fault on the part of the attending VA personnel in the record.
- Claimed conditions
- collapsed lung, residuals of left lower lobectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2022
- Citation
- 22011565
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 22011565.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a lung disability, to include a collapsed lung or residuals thereof, and shin disabilities due to insufficient evidence of an in-service injury or disease.
- Denied
The Veteran's pneumothorax (collapsed lung and reduced capacity) following a VA biopsy was not caused by any fault on the part of VA, and thus compensation under 38 U.S.C. § 1151 is denied.
- Granted
The Veteran's claims for service connection have been granted due to the submission of new and relevant evidence. The specific disabilities are lung disability, lumbar spine disability, left knee disability, right knee disability, left foot disability (claimed as Morton's neuroma with hammer toes and foot tumor pain), and right foot disability (claimed as Morton's neuroma with hammer toes and foot tumor pain).
- Dismissed
Your appeal has been dismissed because the Veteran died before a decision could be made. The claim will not continue without proper substitution of an eligible individual.
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