The Veteran's claim for compensation under 38 U.S.C. §1151 was denied as her additional disability did not result from carelessness, negligence, lack of proper skill, or similar instance of fault on the part of VA in providing the treatment; and it was reasonably foreseeable complication of the procedure.
The deciding factor: The VA examiners' opinions were that the additional disability resulting from the Veteran's January 2012 surgical procedure at the VA Medical Center is not due to carelessness, negligence, lack of proper skill, or similar instance of fault on the part of VA in providing the treatment; and was reasonably foreseeable complication of the procedure.
- Claimed conditions
- rectal prolapse, perforated colon
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2017
- Citation
- 1742744
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 1742744.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for increased disability ratings for Crohn's disease with colon inertia and rectal prolapse have been dismissed due to her withdrawal of the appeal.
- Granted
The Veteran's service-connected disabilities result in actual loss of use of the lower extremities, thus granting eligibility for financial assistance to purchase an automobile or other conveyance.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and the need for an aggravation opinion.
- Remanded (sent back)
The Board has remanded the case for further development to determine if the Veteran's chest pain, pleurisy, diverticulitis, perforated colon, and gastroesophageal reflux disease (GERD) are related to service. The VA will conduct a respiratory examination to assess the etiology of these conditions.
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