The Board found that the veteran's surgery did not cause disability and denied his claim for VA compensation under 38 U.S.C.A. § 1151.
The deciding factor: The medical evidence showed no negligence or faulty treatment by VA, and the preponderance of the evidence was against the claim.
- Claimed conditions
- rectourethral fistula, postoperative colostomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2006
- Citation
- 0607081
Veterans Law Judge
Decisions by this judge: 1,464 · Granted: 14% (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 0607081.
What this means for you
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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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