The Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for the excision of an ischiorectal fistula due to a lack of informed consent during VA treatment.
The deciding factor: There was insufficient evidence to establish that informed consent was provided prior to the 1981 surgery, and this failure to obtain informed consent resulted in additional disability.
- Claimed conditions
- excision of an ischiorectal fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911338
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
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