The Veteran's large incisional hernia in the left upper quadrant is found to be a result of an unforeseeable event during VA treatment, and thus compensation benefits under 38 U.S.C.A. § 1151 are granted for this disability.
The deciding factor: The Board determined that the left upper quadrant hernia was caused by an unforeseeable event (closure of the colostomy) during VA treatment in July 2004, and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.
- Claimed conditions
- Perforation of the colon, Colostomy, Left upper quadrant hernia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 2, 2010
- Citation
- 1007813
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. Read the original VA decision (opens in a new tab) using citation 1007813.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service connection claims for gastro-esophageal cancer and a colostomy are denied as there is no evidence of a direct relationship to his military service, including herbicide exposure.
- Remanded (sent back)
The Board has remanded the case for a medical opinion regarding the cause of the Veteran's death, specifically whether his prostate cancer diagnosis either predated his bladder cancer diagnosis or developed independently. The Court also noted that efforts should be made to obtain any relevant private treatment records from the Veteran's retirement up to his death.
- Denied
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not support a finding that VA treatment in June-July 2008 caused additional disability.
- Denied
The Veteran is seeking an effective date earlier than December 1, 2003, for the grant of a 100 percent schedular rating for service-connected ventral hernia with colostomy. The Board denied this claim as there was no entitlement to a higher rating before that date.
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