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
- Not verified here — check the original decision
- Decision date
- March 21, 2006
- Citation
- 0608098
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0608098.
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 prostate cancer residuals, fecal incontinence, and renal pelvic tumor are all granted. The prostate cancer is rated at 60 percent, the fecal incontinence as secondary to prostate cancer treatment, and the renal pelvic tumor as secondary to prostate cancer treatment.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for fecal incontinence and obstructive sleep apnea due to insufficient development of evidence, including obtaining relevant private records and a VA examination.
- Whole decision: Remanded (sent back)
The Veteran's fecal incontinence is being remanded for further development as the VA examiner did not address whether it was caused or aggravated by their service-connected back disability.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for chronic fatigue syndrome, female sexual arousal disorder, fecal incontinence, and gastroesophageal reflux disease due to potential Gulf War exposure. The cases are referred back to the AOJ for further development.
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