The VA denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to left phrenic nerve paralysis and sleep apnea resulting from September 2014 cardiac surgery performed at a VA Medical Center, finding that the carelessness or negligence of VA was not established.
The deciding factor: The Board found that the Veteran's signature on the consent form implied he agreed to the risks associated with his surgery, including left phrenic nerve paralysis and sleep apnea. The timing of signing the form did not meet the requirement for an event not reasonably foreseeable due to the preoperative records showing sufficient time for review.
- Claimed conditions
- left phrenic nerve paralysis, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2022
- Citation
- 22059257
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 22059257.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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