The Veteran's pneumothorax (collapsed lung and reduced capacity) following a VA biopsy was not caused by any fault on the part of VA, and thus compensation under 38 U.S.C. § 1151 is denied.
The deciding factor: There was no evidence of negligence or lack of proper skill from VA in providing care for the Veteran's pneumothorax following a biopsy procedure.
- Claimed conditions
- collapsed lung, reduced lung capacity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072856
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 A24072856.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a lung disability, to include a collapsed lung or residuals thereof, and shin disabilities due to insufficient evidence of an in-service injury or disease.
- Granted
The Veteran's claims for service connection have been granted due to the submission of new and relevant evidence. The specific disabilities are lung disability, lumbar spine disability, left knee disability, right knee disability, left foot disability (claimed as Morton's neuroma with hammer toes and foot tumor pain), and right foot disability (claimed as Morton's neuroma with hammer toes and foot tumor pain).
- Dismissed
Your appeal has been dismissed because the Veteran died before a decision could be made. The claim will not continue without proper substitution of an eligible individual.
- Denied
The Veteran's post-surgical collapsed lung is not service-connected under the provisions of 38 U.S.C. § 1151 because it was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
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