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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1121841.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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