The Veteran seeks compensation under the 38 U.S.C.A. § 1151 for residuals of a perforated colon resulting from VA medical treatment in January 2008. The case is being remanded to obtain additional medical records and conduct further examination.
The deciding factor: Additional medical evidence is needed to determine if the Veteran's current condition is due to or proximately due to the VA medical treatment performed on January 15, 2008.
- Claimed conditions
- Perforated colon
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2012
- Citation
- 1229589
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 1229589.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has determined that the Veteran's additional disabilities, including a perforated colon, hernias, and MRSA infection, are not due to VA negligence or error in judgment. Therefore, compensation under 38 U.S.C. § 1151 for these conditions is denied.
- Remanded (sent back)
The Board has determined that additional development is needed to determine if the Veteran's perforated colon, hernias, and MRSA infection are related to his VA treatment in August 2012. The decision will be based on whether these conditions were caused by carelessness or negligence on the part of VA providers.
- Denied
The Veteran's appeal for benefits under 38 U.S.C. § 1151 is denied as there are no demonstrated physical residuals of the colonoscopy, perforated colon, or successful surgery to repair the perforation.
- Denied
The Veteran's claim for a higher rating and TDIU was denied. The Board found that the evidence did not support an increased rating or TDIU based on his service-connected perforated colon.
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