The Veteran's claimed disabilities of headaches and earaches are not considered to be related to the carelessness, negligence, or similar instance of fault on the part of VA during a VA medical procedure in October 2004. Therefore, compensation under 38 U.S.C. § 1151 is denied.
The deciding factor: The Veteran's private and VA physicians found no residual disability from the October 2004 ear wax removal procedure, and there was no evidence of additional disability related to headaches or earaches following the procedure.
- Claimed conditions
- headaches, earaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2009
- Citation
- 0933109
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 0933109.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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