The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for pneumothorax, finding no evidence of carelessness, negligence, lack of skill, or other fault on the part of VA that proximately caused additional disability.
The deciding factor: The VA examiners found no evidence of fault by VA in providing care and stated that the pneumothorax was a known complication of the procedure and successfully treated without lasting effects.
- Claimed conditions
- pneumothorax (claimed as collapsed lung and reduced lung capacity)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072856
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.