The Board has determined that the award of compensation under the provisions of 38 U.S.C.A. ¶ 1151 for residuals of status post right hemicolectomy secondary to bowel perforation from colonoscopy was clearly and unmistakably erroneous due to a failure to apply the correct legal standard, resulting in an improper grant of benefits.
The deciding factor: The proper legal standard for compensation under 38 U.S.C.A. ¶ 1151 requires that the proximate cause of disability or death be negligence, lack of proper skill, error in judgment, or similar instances of fault on the part of the Department in furnishing hospital care, medical or surgical treatment, or examination; or an event not reasonably foreseeable. In this case, there was no evidence to support such a finding.
- Claimed conditions
- residuals of status post right hemicolectomy secondary to bowel perforation from colonoscopy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2009
- Citation
- 0932186
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 0932186.
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