The VA denied compensation under 38 U.S.C.A. § 1151 for additional disability resulting from a small bowel surgery performed at a VA facility in January 2003, finding no fault on the part of VA.
The deciding factor: VA determined that there was no evidence of carelessness, negligence, or lack of proper skill by VA personnel during the Veteran's treatment and surgery.
- Claimed conditions
- Small bowel obstruction, Ileocecal perforation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2010
- Citation
- 1012087
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 1012087.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal for a higher rating of her small bowel obstruction with colon polyps secondary to scar tissue status post hysterectomy was granted. The issue of service connection for an acquired psychiatric disorder, specifically adjustment disorder with depression and anxiety, is remanded due to the lack of a VA examination or medical opinion addressing this claim.
- Granted
The Veteran's small bowel obstruction with exploratory laparoscopy and lysis of adhesions is granted an initial disability rating of 50 percent, effective from the date of the decision. The appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been dismissed.
- Remanded (sent back)
The Veteran's appeal involves his claim for compensation under 38 U.S.C. §1151 due to medical care provided by the VA Medical Center in Houston, Texas from September 2011 to March 2013. The Board has determined that further development is necessary and a new examination is required.
- Denied
The Veteran's initial compensable disability rating for a scar on the abdomen was denied, and his small bowel obstruction was granted an initial disability rating of 30 percent. The Veteran's PTSD was denied an increased disability rating higher than 50 percent.
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