The Board denied compensation under 38 U.S.C. § 1151 for additional disability caused by the February 2005 heart surgery by VA, finding that carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part did not proximately cause the Veteran's additional disability.
The deciding factor: The Board found that the decision against repairing the mitral valve during the February 2005 surgery was reasonable given the risk and standard of care at the time.
- Claimed conditions
- Heart Failure, Mitral Valve Regurgitation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2023
- Citation
- 23053018
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. Read the original VA decision (opens in a new tab) using citation 23053018.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by his conditions (Ventricular Fibrillation, Cardiac Arrest, and Heart Failure), which the Board finds may have been exacerbated or worsened due to VA treatment. The Board is remanding the case for a new medical opinion to determine if VA negligence contributed to the Veteran's death.
- Whole decision: Remanded (sent back)
The Veteran's appeal of a higher rating for PTSD has been withdrawn. The Board has also remanded the issue of service connection for heart disability due to a duty-to-assist error.
- Whole decision: Denied
The Veteran's service connection claim for congestive heart failure is denied as the condition is not related to toxic exposures during active service or secondary to a service-connected disability.
- Whole decision: Remanded (sent back)
The Board denied a rating in excess of 50 percent for PTSD and remanded the issues related to hypertension, aortic insufficiency and mitral valve regurgitation, a breathing condition, and obstructive sleep apnea.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.