The Veteran developed additional disabilities including GERD and IBS as a result of a perforated colonic diverticulum during a colonoscopy performed by a private physician under VA contract. However, the Board found that these disabilities were not caused by VA treatment.
The deciding factor: The Board determined that the additional disabilities resulted from an error by the private physician who performed the colonoscopy and was a known risk of the procedure for which the Veteran had consented.
- Claimed conditions
- Perforated colonic diverticulum, Gastroesophageal reflux disease (GERD), Irritable bowel syndrome (IBS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2019
- Citation
- 19184239
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.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
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- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Granted
The Board granted service connection for bilateral hearing loss, arthritis of the cervical spine, cervical radiculopathy of the left arm, back disability, left elbow condition, left shoulder condition, left wrist condition, left hand condition, hypertension, and an initial rating of 10 percent for coronary arteriosclerosis prior to September 24, 2024.
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