The Board found that the veteran's throat injury residuals, including difficulty eating, sleeping and laying flat, hearing loss, and depression, are not proximately due to VA medical treatment provided in April 2001. The preponderance of evidence does not support a finding that any current conditions were caused by VA carelessness, negligence, lack of proper skill, error in judgment, or an event not reasonably foreseeable.
The deciding factor: The veteran's current throat injury residuals are not causally related to the April 2001 VA medical treatment and there is no evidence of negligence or other fault on the part of VA. The preexisting depression disorder is also not aggravated by the VA procedure.
- Claimed conditions
- lesions, difficulty eating, sleeping and laying flat, hearing loss, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2008
- Citation
- 0826180
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 0826180.
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 has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- 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.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.