The Board found that the appellant's periodontal disease and subsequent rectal abscess and rectal fistula are not service-connected due to lack of evidence showing a direct link. The claim for compensation under 38 U.S.C.A. § 1151 was also denied as there is no indication of VA negligence or fault in the treatment provided.
The deciding factor: The Board determined that the appellant's periodontal disease and subsequent complications were not caused by VA care, but rather due to his own conditions (diabetes mellitus and hemorrhoids). The delay in diagnosis did not result in additional disability as it was reasonable for a medical provider to miss the rectal abscess initially.
- Claimed conditions
- periodontal disease, diabetes mellitus, type II, rectal abscess, rectal fistula
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 2, 2010
- Citation
- 1044963
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 1044963.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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The Board has granted service connection for diabetes mellitus, type II and left arm tremors. Service connection for right hand tremors is also granted. The Veteran's tinnitus claim was denied as there is no current diagnosis of tinnitus.
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