The Board found that the veteran did not incur any residuals of a colonoscopy injury as a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA treatment providers who performed a colonoscopy in November 2002. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: The Board determined that the veteran's colovesical fistula was not caused by the November 2002 VA-colonoscopy procedure and ruled out perforation as a result of the procedure, concluding that it would have been highly unlikely for such an event to occur without resulting in severe symptoms prompting hospitalization.
- Claimed conditions
- Colon injury, Colovesical fistula
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 13, 2008
- Citation
- 0839095
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 0839095.
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 VA did not find that the veteran's additional disability was caused by carelessness, negligence, or fault on the part of VA in performing a colonoscopy. The Board denied the claim as there is no medical evidence supporting the veteran's contention.
- Whole decision: Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Whole decision: Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Whole decision: Granted
The Veteran's PTSD is granted as service connected due to his fear of hostile military activity during his Vietnam service.
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