The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted because the additional disability of hypothyroidism was proximately caused by VA carelessness in its failure to obtain proper informed consent prior to performing surgery.
The deciding factor: The Board found that the lack of a signed and witnessed consent form violated the requirements of 38 C.F.R. § 17.32(d), which requires signature consent for procedures with significant risks, leading to the conclusion that VA carelessness caused the additional disability of hypothyroidism.
- Claimed conditions
- hypothyroidism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2012
- Citation
- 1206251
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 1206251.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's initial compensable evaluation for hypothyroidism is denied, and the Board finds that service connection for lumbar degenerative disc disease and bilateral foot condition should be remanded due to a pre-decisional duty to assist error.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of hypothyroidism and therefore denied their claim for service connection.
- Dismissed
The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus was dismissed. The Board granted service connection for hypothyroidism and Hashimoto's thyroiditis with complications, including depression, anxiety, insomnia, vitamin deficiencies, memory/cognitive impairment, unexplained arthralgias, fatigue, hair loss, and bradycardia.
- Granted
The appellant is granted a total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA) benefits, effective September 1, 2020.
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