The Board found that the veteran's perforated colon and subsequent surgeries were not caused by VA's negligence or carelessness, and thus denied compensation under 38 U.S.C.A. § 1151.
The deciding factor: The VA examiner concluded that there was no evidence of fault on VA's part in furnishing the medical treatment, and that the perforation during colonoscopy was a foreseeable risk.
- Claimed conditions
- Perforated colon, Left-sided abdominal pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 7, 2007
- Citation
- 0735159
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 0735159.
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: Denied
The Board has determined that the Veteran's additional disabilities, including a perforated colon, hernias, and MRSA infection, are not due to VA negligence or error in judgment. Therefore, compensation under 38 U.S.C. § 1151 for these conditions is denied.
- Whole decision: Remanded (sent back)
The Board has determined that additional development is needed to determine if the Veteran's perforated colon, hernias, and MRSA infection are related to his VA treatment in August 2012. The decision will be based on whether these conditions were caused by carelessness or negligence on the part of VA providers.
- Whole decision: Denied
The Veteran's appeal for benefits under 38 U.S.C. § 1151 is denied as there are no demonstrated physical residuals of the colonoscopy, perforated colon, or successful surgery to repair the perforation.
- Whole decision: Denied
The Veteran's claim for a higher rating and TDIU was denied. The Board found that the evidence did not support an increased rating or TDIU based on his service-connected perforated colon.
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