The Veteran's additional disabilities, including kidney failure, septic shock, and foot ulcers, were caused by VA care due to the hospital's failure to exercise the degree of care expected of a reasonable healthcare provider.
The deciding factor: The decision was based on the fact that the Veteran's disabilities were proximately caused by the VA's fault in providing medical treatment, specifically the failure to properly manage his nausea and vomiting leading to aspiration during surgery.
- Claimed conditions
- kidney failure, respiratory condition, foot ulcers, fatigue, psychiatric condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 3, 2025
- Citation
- A25057473
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (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 A25057473.
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.
- Remanded (sent back)
The Board has determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Remanded (sent back)
The Veteran's respiratory condition, including COPD, is remanded due to errors in obtaining SSA records and an inadequate TERA memo. The Board finds the AOJ erred by not attempting to obtain relevant SSA records and by relying on an incomplete TERA memo.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including left leg shin splints, right leg shin splints, joint pain (claimed as arthritis), sleep apnea, fatigue, neck condition, acne, and lung condition. The evidence did not show a current disability or link to military service.
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