The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disabilities resulting from VA medical treatment in August 1996, including vertigo, cervical discogenic disease causing neural foramina narrowing, and sensorineural hearing loss in the left ear. The Board has ordered a remand to obtain a medical opinion regarding whether these conditions are at least as likely as not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance on VA's part.
The deciding factor: The Veteran needs an examination to determine if the August 1996 surgery resulted in additional disabilities and if those disabilities were proximately caused by VA's failure to exercise due care.
- Claimed conditions
- C6-C7 concentric disc bulging, left ear disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2010
- Citation
- 1011216
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 1011216.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for a left ear disorder and cholesteatoma, finding that the evidence did not show these conditions were incurred in or resulted from service.
- Partly granted
The Board has remanded several issues including service connection for various disorders, as well as a claim under 38 U.S.C. § 1151 due to alleged sexual misconduct during surgery. The claims for left hand, hip, foot, eye, ear, and neck disorders are also being remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral median nerve neuropathy, left ear disorder, genitourinary disorder, and digestive and/or gastrointestinal disorder due to lack of medical opinions addressing the etiology of these conditions. The Veteran is advised that he may need to undergo VA examinations to provide this information.
- Remanded (sent back)
The Veteran's death was not caused by VA treatment or care, and the service-connected conditions did not contribute to his death. The appeal for DIC under 38 U.S.C. § 1310 is remanded due to unclear causes of death.
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