The Board has determined that the Veteran's postoperative residuals of a perforated bowel are not due to VA carelessness, negligence, or error in judgment. However, the evidence is in equipoise regarding whether a reasonable person would have proceeded with the barium enema procedure despite knowing about the risk of a perforated bowel.
The deciding factor: The Board found that while there was no direct causation from VA's actions, the evidence was evenly balanced on whether a reasonable person would have consented to the procedure given its risks.
- Claimed conditions
- Perforated Bowel, Ulcerative Colitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2015
- Citation
- 1502740
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 1502740.
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
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- Remanded (sent back)
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