The Board has determined that the perforated viscus and resultant colostomy were not caused by VA's negligence or carelessness during a December 1999 colonoscopy, thus denying the veteran's claim for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The Board found no evidence of negligence on the part of VA in performing the colonoscopy and subsequent perforation, as evidenced by contemporaneous medical records indicating proper informed consent and post-procedure instructions.
- Claimed conditions
- Perforated Viscus, Colostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 15, 2002
- Citation
- 0204542
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. Search VA.gov for the original decision (opens in a new tab) using citation 0204542.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's service connection claims for gastro-esophageal cancer and a colostomy are denied as there is no evidence of a direct relationship to his military service, including herbicide exposure.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a medical opinion regarding the cause of the Veteran's death, specifically whether his prostate cancer diagnosis either predated his bladder cancer diagnosis or developed independently. The Court also noted that efforts should be made to obtain any relevant private treatment records from the Veteran's retirement up to his death.
- Whole decision: Denied
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not support a finding that VA treatment in June-July 2008 caused additional disability.
- Whole decision: Denied
The Veteran is seeking an effective date earlier than December 1, 2003, for the grant of a 100 percent schedular rating for service-connected ventral hernia with colostomy. The Board denied this claim as there was no entitlement to a higher rating before that date.
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