The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as his perforated colon, status post colonoscopy resulted from a laceration rather than a perforation, which was not reasonably foreseeable.
The deciding factor: The Board found that the tear in the Veteran's colon during the procedure was a laceration rather than a perforation and thus not reasonably foreseeable.
- Claimed conditions
- Perforated Colon, Laceration
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2014
- Citation
- 1455954
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 1455954.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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 residuals of a perforated colon resulting from an October 1999 VA colonoscopy, finding no CUE.
- Granted
The Board found that the Veteran's discharge from service was not under dishonorable conditions due to lack of moral turpitude, thus allowing him to receive VA benefits.
- Denied
The Veteran's perforated colon was not caused by VA carelessness, negligence, or similar instance of fault. The Board finds that the perforation was a foreseeable risk and compensation under 38 U.S.C.A. § 1151 is denied.
- Granted
The RO awarded special monthly compensation for loss of use of a creative organ effective from August 15, 1995. The appellant was diagnosed with impotence due to the April 1973 sigmoid colostomy surgery.
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