The Board granted compensation under 38 U.S.C. § 1151 for a paralyzed left phrenic nerve resulting from surgery due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.
The deciding factor: The decision was based on the finding that there was carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on VA's part during the surgery which resulted in additional disability.
- Claimed conditions
- paralyzed left phrenic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003249
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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