The Veteran's claim for compensation under 38 U.S.C. § 1151 for swelling of the right flank as an additional disability due to VA medical treatment is granted. The appeal regarding entitlement to a Total Disability Rating for Compensation Purposes (TDIU) prior to March 5, 2016, is denied.
The deciding factor: The Veteran's claim under 38 U.S.C. § 1151 was granted because the evidence showed that his right flank swelling was caused by VA medical care and not due to negligence or an unforeseeable event.
- Claimed conditions
- swelling of the right flank abscess site, back pain, weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2022
- Citation
- 22069574
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 22069574.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
- Granted
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