The Board denied compensation benefits under 38 U.S.C. § 1151 for residuals of a perirectal abscess, to include an anal fistula requiring surgery, as the additional disability was not caused by VA medical treatment and there was no failure to timely treat or diagnose the condition.
The deciding factor: The Board found 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 the part of VA in furnishing the hospital care, medical or surgical treatment, or examination.
- Claimed conditions
- perirectal abscess, anal fistula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- 24032736
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.
- Denied
The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for anal fistula secondary to an anal abscess, finding that the additional disability was a normal consequence of the natural progression of the disease and not caused by fault on the part of VA medical treatment.
- Remanded (sent back)
The Veteran's initial 10 percent disability rating for anal fistula is being remanded due to the need to obtain outstanding private treatment records from Dr. M.G. and the Lexington Clinic.
- Denied
The Veteran's service-connected disabilities result in a combined rating of 100 percent, but none alone qualify for TDIU.
- Granted
The Veteran's anal fistula disability is granted a 60 percent rating, but no higher, effective June 25, 2014. The Veteran's bilateral hearing loss from January 23, 2014 remains denied.
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