The Board found that the Veteran's 2000 VA medical treatment did result in additional permanent colon disability, but could not determine if there was fault on the part of VA providers.
The deciding factor: The April 2009 examiner did not provide an opinion regarding whether the 2000 VA medical treatment caused additional permanent disability or if such disability is attributable to carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of VA providers.
- Claimed conditions
- Colon perforation, Chronic fecal incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 6, 2011
- Citation
- 1121841
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 1121841.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Denied
The Veteran's colon perforation and subsequent ventral hernia are not service-connected as they resulted from a routine colonoscopy performed at the Huntington VA Medical Center, where proper informed consent was provided. The Board finds that the perforation of the colon and formation of incisional hernia were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA facility.
- Whole decision: Granted
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.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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