The Board denied compensation for additional disability due to treatment at a VA medical facility in September 2022, as the proximate cause of the gallbladder and liver injuries was not due to carelessness, negligence, lack of proper skill, error in judgment, or an event not reasonably foreseeable.
The deciding factor: The evidence did not show that the additional disability was caused by VA's fault or an unforeseeable event; the trocar injury was promptly recognized and managed appropriately.
- Claimed conditions
- status post cholecystectomy, trocar/puncture injury to the liver
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033690
Veterans Law Judge
Decisions by this judge: 699 · Granted: 12% (granted or partly granted, in the vetted decisions on this site)
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 A25033690.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the issues of entitlement to a disability evaluation in excess of 10 percent for cirrhosis of the liver and status post cholecystectomy, a compensable disability evaluation for surgical scars associated with cirrhosis of the liver and status post cholecystectomy, and a compensable disability evaluation, including whether the reduction from 10 percent to 0 percent effective March 1, 2015, was proper, for service-connected pseudofolliculitis barbae.
- Denied
The Veteran's initial claim for hepatitis C with cirrhosis of the liver, steatosis/fatty liver and status post cholecystectomy was granted with a 10% rating effective May 21, 2008. The appeal sought higher ratings for this condition prior to October 1, 2011, from October 1, 2011 to March 31, 2011, and since March 31, 2011. The Board denied these claims as the criteria for a higher rating were not met.
- Dismissed
Your appeal for an initial rating in excess of 30 percent for irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD) and status post cholecystectomy has been dismissed as the Veteran withdrew her appeal.
- Remanded (sent back)
The Veteran's claim for service connection for GERD, chronic peptic ulcer, chronic gastritis, status post cholecystectomy, and IBS is remanded due to the need for a VA examination to determine if these conditions are related to his in-service exposure to bloody chicken.
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