The Veteran's disability, including esophageal perforation and gastrointestinal infection, was caused by VA surgical treatment in November 2007. The complications were not reasonably foreseeable, warranting compensation under 38 U.S.C.A. § 1151.
The deciding factor: The complications of the Veteran's surgery resulted from unforeseeable events and did not result from carelessness, negligence, or lack of proper skill on the part of VA personnel.
- Claimed conditions
- esophageal perforation, gastrointestinal infection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2011
- Citation
- 1113968
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 1113968.
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.
- Granted
The Veteran's cause of death, esophageal perforation secondary to gastroesophageal cancer, is found to be related to his in-service exposure to Agent Orange and other environmental factors. Service connection for the cause of death is granted.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for an esophageal perforation and its residuals, as well as gastrointestinal discomfort, shortness of breath, painful scar, and an acquired psychiatric disorder with insomnia, has been denied because the evidence does not show that additional disability was incurred due to VA's carelessness or negligence.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 due to an esophageal perforation and its residuals is remanded as the existing record does not contain a medical opinion addressing this question.
- Denied
The Veteran sustained an esophageal perforation during a VA-provided EGD procedure. The Board found that the perforation was not caused by any fault on the part of VA and denied compensation under 38 C.F.R. § 1151.
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