The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence showing that the proximate cause of complications arising from surgery to close an enterocutaneous fistula was carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA medical personnel.
The deciding factor: The Board found that a failed fistula repair requiring additional surgery was reasonably foreseeable as a potential risk and complication of surgery, and that informed consent was obtained prior to the December 2011 surgery. Therefore, compensation under 38 U.S.C.A. § 1151 is not warranted.
- Claimed conditions
- bowel obstruction, enterocutaneous fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 12, 2014
- Citation
- 1454865
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 1454865.
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: Denied
The Board denied compensation under 38 U.S.C. § 1151 for additional disability from abdominal surgeries due to lack of fault on the part of VA, finding that the Veteran's complications were not caused by carelessness, negligence, or other instances of fault.
- Whole decision: Denied
The Veteran's service-connected disabilities, including chronic pancreatitis with GERD and hiatal hernia, did not meet the criteria for a total disability rating based on individual unemployability (TDIU) due to their severity.
- Whole decision: Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 for various secondary conditions are remanded due to predecisional duty-to-assist errors.
- Whole decision: Remanded (sent back)
The Veteran's appeals for increased ratings have been remanded due to the need to consider the ameliorative effects of medication on his bowel obstruction. The abdominal scars and right groin strain issues remain unresolved.
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