The Veteran's additional disabilities are shown as likely due to VA carelessness, negligence, or lack of proper skill in performing the colonoscopy in March 2005. The Board grants compensation under 38 U.S.C.A. § 1151 for status post colonoscopy with perforation and resection of the colon.
The deciding factor: The VA treatment resulted in a perforated colon, which was likely due to carelessness or negligence on part of VA during the March 2005 colonoscopy procedure.
- Claimed conditions
- Colon perforation, Enterocutaneous fistula, Colon resection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2010
- Citation
- 1027556
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 1027556.
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 remanded the claims for a VA examination to determine the nature and etiology of the Veteran's thoracolumbar spine disability, Barrett's Esophagus, and colon resection. The claims are also being remanded due to duty-to-assist errors.
- Remanded (sent back)
The Veteran's appeal is remanded for further development on issues of service connection and compensation under 38 U.S.C. § 1151 due to a colon perforation from VA treatment, as well as his bilateral hearing loss disability.
- Granted
The Veteran's claim for an initial compensable evaluation prior to January 29, 2015, and in excess of 10 percent prior to November 28, 2018, for his colon resection is denied. The claim for a rating of 20 percent as of November 28, 2018, for his colon resection is granted.
- Denied
The Board denied service connection for residuals of an inguinal hernia, residuals of a ventral hernia, and gallbladder removal. However, it granted service connection for bilateral hand fingernail clubbing as secondary to the Veteran's service-connected respiratory disability.
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