The Veteran submitted new and relevant evidence sufficient to warrant readjudication of the claim for compensation under 38 U.S.C. § 1151 for cholecystectomy, which was denied previously due to lack of receipt of new and relevant evidence. The appeal is granted in part.
The deciding factor: The Veteran submitted a written statement asserting that the carelessness of VA medical staff led to additional disability requiring further surgery, which was not addressed in previous decisions.
- Claimed conditions
- Cholecystectomy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- A23034743
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 A23034743.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's disability ratings for PTSD with major depressive disorder, and panic disorder to include insomnia, and GERD were reduced. The motion to revise these decisions based on CUE is granted.
- Remanded (sent back)
The Board remands the claims for service connection for liver cancer and cholecystectomy to correct pre-decisional duty to assist errors related to toxic exposure risk activities.
- Granted
The Veteran's GERD with cholecystectomy is granted an initial 30 percent rating, effective from the date of the September 2020 supplemental rating decision.
- Denied
The Veteran's claims for earlier effective dates for service connection of IBS, abdominal scars, and TDIU prior to specific dates were denied.,The Veteran was granted service connection for these conditions on July 14, 2016.
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