The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to the severing of his external sphincter during surgery, which was considered a foreseeable consequence and not attributable to VA negligence.
The deciding factor: The severing of the external sphincter with resultant fecal incontinence was considered a foreseeable consequence of the surgery performed for fistulous tracts, and thus not due to VA negligence.
- Claimed conditions
- Fecal Incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 16, 2002
- Citation
- 0218179
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 0218179.
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: Granted
The Veteran's claim for service connection for a urinary disability, claimed as urinary incontinence, is granted.,The Veteran's claim for service connection for a fecal incontinence disability, including as secondary to a pelvic floor disability, is remanded.
- Whole decision: Granted
The Veteran's initial claim for a 60 percent rating for fecal incontinence was granted. The effective date of Dependents' Educational Assistance (DEA) based on permanent and total disability status is set at February 26, 2020. The earlier effective date for service connection for fecal incontinence prior to August 16, 2019, is denied.
- Whole decision: Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. §1151 due to a lack of evidence showing that his bowel/fecal incontinence was caused by VA care and treatment following an August 9, 2000 hemorrhoidectomy.
- Whole decision: Remanded (sent back)
The Board has remanded the cases of fecal incontinence and a rating for irritable bowel syndrome due to the need for further medical examination and evaluation.
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