The Board found that the veteran's residuals of multiple fistulectomies, including fecal incontinence, were not caused by VA treatment and did not meet the criteria for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The preponderance of the competent medical evidence is against the claim that the veteran's residuals resulted from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part in furnishing the treatment.
- Claimed conditions
- recurrent fistula-in-ano, fecal incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2006
- Citation
- 0608098
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was granted earlier effective dates for service connection of left lower extremity radiculopathy, sciatic nerve; right lower extremity radiculopathy, femoral nerve; and fecal incontinence, all from May 7, 2012. An increased rating of 20 percent for right lower extremity radiculopathy, sciatic nerve, was also granted effective November 30, 2018.
- Remanded (sent back)
The Board remands the claims for service connection for flat feet, irritable bowel syndrome, duodenal gastritis, and fecal incontinence to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for fecal incontinence as secondary to the Veteran's colon cancer residuals and denied a TDIU prior to April 21, 2024 and a higher rating for heart disability prior to that date. The claim for a higher rating for colon cancer residuals was remanded.
- Remanded (sent back)
The Board denied an earlier effective date for service connection of hypertension and remanded several other claims, including those for brain damage, memory loss, vertigo, seizures, acquired psychiatric disability, urinary incontinence, and fecal incontinence.
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