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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1454865.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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