The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the Board finds that VA was not at fault in providing the sinus surgery, and informed consent was obtained prior to the procedure.
The deciding factor: The Board found no evidence of negligence or lack of proper skill on the part of VA in providing the sinus surgery, and determined that the Veteran's symptoms were a foreseeable result of the treatment.
- Claimed conditions
- numbness around the left eye, problems with concentration, sleeping problems, redness, itching
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 19, 2018
- Citation
- 18136520
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. Read the original VA decision (opens in a new tab) using citation 18136520.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the etiology of memory and concentration problems, which were not adequately addressed in the March 2021 VA examination. The Veteran's service-connected headaches may be related to an in-service head injury, and post-service records document reported memory issues.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for twitching and/or itching and/or small fiber neuropathy is being remanded due to the need for further examination and evaluation.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to issues related to informed consent for sinus surgery, including numbness around left eye, problems with concentration, sleeping, redness, and itching.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claim due to insufficient reasoning in the August 2021 decision regarding whether the Veteran had additional disability resulting from VA treatment. Additional development is needed, including obtaining a new VA medical opinion.
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