The Board has reopened the veteran's claim for compensation benefits under 38 U.S.C. § 1151 due to new evidence indicating VA negligence caused his rectourethral fistula and colostomy complications.
The deciding factor: New medical evidence established that VA negligence directly caused the veteran's unnecessary fistula between his colon and bladder/urinary tract, supporting a finding of fault under 38 U.S.C. § 1151.
- Claimed conditions
- rectourethral fistula, postoperative colostomy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2004
- Citation
- 0426014
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 0426014.
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.
- Denied
The Board denied service connection for rectal cancer as secondary to exposure to ionizing radiation and the cause of death due to colorectal cancer. The decision found that there was no in-service exposure to ionizing radiation, and thus, it could not be determined that the Veteran's rectal cancer was caused by his military service.
- Denied
The Veteran's rectourethral fistula and postoperative colostomy were not caused by VA carelessness, negligence, or similar instance of fault during the September 1997 radical prostatectomy for adenocarcinoma of the prostate. The event was reasonably foreseeable.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the submission of additional evidence and a request for reconsideration by the Board.
- Granted
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the rectourethral fistula with diverting colostomy, cystectomy, and ileal conduit diversion was caused by VA care without his informed consent.
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