The Board denied compensation under 38 U.S.C. § 1151 for rectal damage, colon perforation, and colectomy due to a finding that the Veteran's additional disability was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on part of VA.
The deciding factor: The Board found no evidence showing that VA failed to exercise the degree of care expected from a reasonable health care provider and concluded that there was no event outside the boundaries of potential patient outcomes for the Veteran's case.
- Claimed conditions
- rectal damage, colon perforation, colectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2022
- Citation
- 22060476
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 22060476.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's ulcerative colitis and colectomy are remanded for a VA TERA examination to determine if they are related to service, particularly his exposure to asbestos and other toxins while serving as a Navy radioman.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding exposure to contaminated water at Camp Lejeune and the etiology of the Veteran's colectomy. The AOJ is instructed to gather information about PFAS presence at Camp Lejeune, schedule a VA examination, and consider all evidence in deciding service connection.
- Remanded (sent back)
The Veteran's request to reopen his claim for compensation under 38 U.S.C. § 1151 for colon perforation has been granted, and the issue of service connection for diabetes, lumbar spine disability, bilateral knee disability, and hearing loss is remanded.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's diverticulitis and colectomy, specifically whether it is related to exposure at Camp Lejeune or service in general.
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