The Veteran's closed enterocutaneous fistula and abdominal scarring, resulting from a hernia repair and small bowel resection at the VA, are considered an additional disability due to unforeseen events not reasonably foreseeable by VA staff.
The deciding factor: The VA examiner found that while possible, the specific initial event and sequence of events following could not have been reasonably foreseen by a reasonable provider. The separation of a suture line in an intestinal anastomosis was decidedly uncommon.
- Claimed conditions
- closed enterocutaneous fistula, abdominal scarring, status post hernia repair and small bowel resection
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2016
- Citation
- 1616786
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. Search VA.gov for the original decision (opens in a new tab) using citation 1616786.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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 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.
- Remanded (sent back)
The Board remands the claims for additional disability under 38 U.S.C. § 1151 due to October 2017 VA medical care (panniculectomy) and secondary service connection theories.
- Remanded (sent back)
The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to issues with obtaining private medical records and concerns about the surgeon's qualifications.
- Remanded (sent back)
The Board has remanded the case due to errors in previous decisions and new evidence submitted by the Veteran. The claims for compensation for additional disability due to allegedly negligent VA surgical treatment, TDIU rating, and abdominal scarring are being reviewed.
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