The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for complications of a lung biopsy, finding that the additional disability did not result from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, or an event not reasonably foreseeable.
The deciding factor: The Board determined that the air embolism resulting in a cerebrovascular accident and generalized tonic-clonic seizure was not caused by an event not reasonably foreseeable, as a reasonable healthcare provider would have foreseen the risk given the Veteran's history of asthma and allergic bronchopulmonary aspergillosis.
- Claimed conditions
- Complications of a lung biopsy, including an air embolus resulting in a cerebrovascular accident and generalized tonic-clonic seizure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2025
- Citation
- 25007379
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.