The Veteran was granted compensation under 38 U.S.C. § 1151 for corrective surgery regarding Peyronie's disease due to additional disability caused by a VA surgical implant that was too large.
The deciding factor: VA failed to exercise the degree of care expected of a reasonable health care provider by not ensuring the penile prosthesis size was correct for the Veteran’s anatomy, and this was not reasonably foreseeable.
- Claimed conditions
- Peyronie's disease, Persistent pain, Aggravation of sexual issues
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2024
- Citation
- 24003637
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 is granted special monthly compensation (SMC) based on loss of use of a creative organ since April 25, 2022.
- Partly granted
The Board granted service connection for atopic dermatitis, Peyronie's disease, and lumbar strain, while denying service connection for chloracne, amnesia, bilateral hearing loss, and hypertension was granted a 10 percent rating.
- Remanded (sent back)
The appeal for service connection for various conditions, including hypertension, gastrointestinal disability, sleep apnea, skin disability, Dupuytren's contracture, and Peyronie's disease, is remanded due to the need for additional development.
- Dismissed
The Board dismissed all appeals related to service connection, increased ratings, and effective dates for various conditions due to procedural defects.
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.