The Board denied compensation under 38 U.S.C. § 1151 for various conditions allegedly resulting from VA treatment, finding no fault on the part of VA.
The deciding factor: VA did not act with any degree of fault in providing medical care to the Veteran and there was no event that could not have reasonably been foreseen by a reasonable healthcare provider.
- Claimed conditions
- Desmoid Tumor, Blood clot in the lung, Right arm weakness and loss of mobility, Kidney damage, Right arm arthritis (to include shoulder, arm, elbow, wrist, hand, fingers, and thumb), Right eye damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 8, 2022
- Citation
- 22033437
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 22033437.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's bladder and kidney disabilities are considered 'additional disabilities' that developed after his VA medical treatment. The Board has determined these disabilities were not caused by VA care, but the examiner needs to provide new opinions regarding actual and proximate causation.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for kidney damage and left knee disability, finding that the proximate cause of these disabilities was not due to carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA.
- Granted
The Veteran's partial left kidney nephrectomy was the result of VA's failure to timely diagnose and properly treat a fistula formed after his left kidney biopsy. The Board has granted compensation under 38 U.S.C. § 1151 for kidney damage.
- Dismissed
The appeal for service connection for an acquired psychiatric disability (other than PTSD) is dismissed.,The appeals for service connection for a blood clot in the lung and for effective dates earlier than September 12, 2013, for prostate cancer and July 25, 2012, for bilateral hearing loss are dismissed.,An 80 percent rating for bilateral hearing loss is granted as of February 27, 2014.
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