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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23053018.
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- 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The Veteran's appeal of a higher rating for PTSD has been withdrawn.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.
- Denied
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- 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.
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