The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that his additional disability was caused by VA negligence or an unforeseeable event, and without such a finding he cannot prevail on this claim.
The deciding factor: The preponderance of the competent and credible medical evidence does not support a finding of negligence or an unforeseeable event resulting in the Veteran's additional disability following his colectomy and subsequent infection and non-healing wound at VA facilities.
- Claimed conditions
- chronic diarrhea, irregular heart beat, congestive heart failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2010
- Citation
- 1013502
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 1013502.
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claim for a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
- Remanded (sent back)
The Board remands the claims for service connection for chronic diarrhea, headaches, and neck pain for initial adjudication on the merits by the AOJ.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding no evidence that the Veteran was exposed to herbicides during his service.
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