The Board of Veterans' Appeals has determined that the veteran's need for colostomy and removal of bladder and prostate was caused by carelessness, negligence, or lack of proper skill on the part of VA during hospitalization at MOFH in February to March 2003. The decision is granted.
The deciding factor: The progression of decubitus ulcers and subsequent need for colostomy were not reasonably foreseeable given the veteran's history and care provided by VA caregivers.
- Claimed conditions
- colostomy, urethrocutaneous fistula with removal of bladder and prostate
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2008
- Citation
- 0834439
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 0834439.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an earlier effective date for service connection of a colostomy disability is denied as the earliest possible effective date, August 10, 2022, was granted due to the PACT Act. The July 2013 rating decision denying service connection was not appealed within one year and thus became final.
- Denied
The Veteran's claim for an effective date earlier than September 2, 2020, for the award of service connection for colostomy, ileostomy, rectal vaginal fistula, and small bowel obstruction (SBO) surgery was denied as there was no new and material evidence received within one year of the issuance of the December 2013 decision.
- Dismissed
The appeal for service connection of rectal cancer, which required a colostomy after surgery, has been dismissed due to the appellant's death during the appeal process.
- Dismissed
The veteran's appeal for service connection for chronic obstructive pulmonary disease and rectal adenocarcinoma was dismissed due to a late filing of the Board Appeal request.
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