The Board denied compensation under 38 U.S.C. § 1151 for additional disability from abdominal surgeries due to lack of fault on the part of VA, finding that the Veteran's complications were not caused by carelessness, negligence, or other instances of fault.
The deciding factor: The independent medical opinions provided no evidence of any fault on the part of VA in providing the abdominal surgeries.
- Claimed conditions
- abdominal scarring, incisional hernias, enterocutaneous fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2026
- Citation
- 26001498
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 26001498.
What this means for you
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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 claims for additional disability under 38 U.S.C. § 1151 due to October 2017 VA medical care (panniculectomy) and secondary service connection theories.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 for various secondary conditions are remanded due to predecisional duty-to-assist errors.
- Granted
The Board has determined that the Veteran's death was caused by his exposure to contaminated water at Camp Lejeune, which contributed to his chronic kidney disease. The evidence is in equipoise as to whether this relationship exists.
- Remanded (sent back)
The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to issues with obtaining private medical records and concerns about the surgeon's qualifications.
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