The Veteran is seeking compensation under 38 C.F.R. § 1151 for disability resulting from a right colectomy performed at the Togus VA Medical Center in February 2013, which resulted in fecal incontinence. The case has been remanded to obtain additional medical records and seek an advisory opinion on whether the Veteran's fecal incontinence is due to negligence or lack of proper skill by VA personnel.
The deciding factor: The decision is being remanded for further development as there are questions regarding the foreseeability and fault on the part of VA during the February 2013 surgery that resulted in the Veteran's fecal incontinence.
- Claimed conditions
- Fecal Incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2017
- Citation
- 1702736
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 1702736.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for a urinary disability, claimed as urinary incontinence, is granted.,The Veteran's claim for service connection for a fecal incontinence disability, including as secondary to a pelvic floor disability, is remanded.
- Granted
The Veteran's initial claim for a 60 percent rating for fecal incontinence was granted. The effective date of Dependents' Educational Assistance (DEA) based on permanent and total disability status is set at February 26, 2020. The earlier effective date for service connection for fecal incontinence prior to August 16, 2019, is denied.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. §1151 due to a lack of evidence showing that his bowel/fecal incontinence was caused by VA care and treatment following an August 9, 2000 hemorrhoidectomy.
- Remanded (sent back)
The Board has remanded the cases of fecal incontinence and a rating for irritable bowel syndrome due to the need for further medical examination and evaluation.
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