The Veteran's right ear disability, including deformity and temperature sensitivities, is the result of VA surgery performed without his informed consent. The Board finds that the criteria for establishing entitlement to compensation under 38 U.S.C. § 1151 are met.
The deciding factor: The surgery resulted in a missing wedge portion of the ear (deformity) and temperature sensitivities, which were not identified as potential risks on the consent form.
- Claimed conditions
- deformity, temperature sensitivities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130392
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19130392.
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.
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- Denied
The Board found that the Veteran's preexisting left elbow disability did not undergo an increase in severity during service and denied his claim for service connection.
- Granted
The Veteran currently experiences deformity and shortening of the left leg, which is a result of treatment provided by VA in January 1989. The Board finds that this additional disability was caused by VA's provision of care without the Veteran's informed consent.
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