The Veteran's claim for benefits under 38 U.S.C.A. § 1151 is granted, and his claims for service connection are decided in favor of the Veteran.
The deciding factor: The VA colonoscopy resulted in a bowel perforation which was unforeseen and not reasonably foreseeable as an event or circumstance that could have been anticipated by a reasonable health care provider. The Veteran's neck disability, low back disability, bilateral foot disability, and soft tissue masses on the neck and right foot are not shown to be related to his service.
- Claimed conditions
- bowel perforation, neck disability, low back disability, bilateral foot disability, soft tissue masses on the neck and right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2009
- Citation
- 0939885
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 0939885.
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.
- Remanded (sent back)
The Board has decided to remand the claim for service connection of a neck disability due to pre-decisional error in not obtaining a VA examination and medical opinion.
- Granted
The Board has determined that the Veteran's bilateral foot disability is related to his active military service and grants service connection for this condition.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has remanded the claims for service connection for neck and back disabilities due to a lack of medical evidence supporting the Veteran's assertions. The VA will obtain an examination and provide an opinion on whether these disabilities are related to service.
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