The Veteran's new or additional disabilities, including diverticulitis and anastomotic leak complications, were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during his June 1, 2010 sigmoidectomy at Huntington VAMC. The Board found that these disabilities were proximately caused by VA treatment and granted compensation under 38 U.S.C. § 1151.
The deciding factor: The Veteran's new or additional disabilities were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during his June 1, 2010 sigmoidectomy at Huntington VAMC.
- Claimed conditions
- diverticulitis, sigmoid colon, anastomotic leak, rectal fistulas, fatty liver with cirrhosis, urinary retention and leakage, prostate issues, erectile dysfunction, diabetes, scar tissue, permanent disfigurement of stomach, irreparable abdominal hernias, NASH, high blood pressure, loss of teeth, chronic orthostatic hypotension causing dizziness and falling, chronic acid reflux, sleep apnea, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2022
- Citation
- 22006223
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 22006223.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
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