The Veteran sustained an esophageal perforation during a VA-provided EGD procedure. The Board found that the perforation was not caused by any fault on the part of VA and denied compensation under 38 C.F.R. § 1151.
The deciding factor: The evidence did not establish that the Veteran's esophageal perforation was proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing hospital care, medical or surgical treatment, or examination.
- Claimed conditions
- esophageal perforation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2017
- Citation
- 1737168
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 1737168.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cause of death, esophageal perforation secondary to gastroesophageal cancer, is found to be related to his in-service exposure to Agent Orange and other environmental factors. Service connection for the cause of death is granted.
- Denied
The Veteran's claim for compensation under 38 U.S.C. § 1151 for an esophageal perforation and its residuals, as well as gastrointestinal discomfort, shortness of breath, painful scar, and an acquired psychiatric disorder with insomnia, has been denied because the evidence does not show that additional disability was incurred due to VA's carelessness or negligence.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 due to an esophageal perforation and its residuals is remanded as the existing record does not contain a medical opinion addressing this question.
- Denied
The Board found that the Veteran's service-connected injuries did not cause or contribute substantially to his death from esophageal cancer and perforation, as these conditions were not related to his in-service injury.
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