The Board denied compensation under 38 U.S.C.A. § 1151 for excision of an ischiorectal fistula due to the severing of the external sphincter, which was a foreseeable consequence of the surgery performed in 1981.
The deciding factor: The severing of the external sphincter during the 1981 VA rectal surgeries was not attributable to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part because it was a known possible complication of the surgery.
- Claimed conditions
- excision of an ischiorectal fistula, fecal incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2007
- Citation
- 0704786
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 0704786.
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'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.
- 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.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.