The Board denied compensation under 38 U.S.C. § 1151 for residual disability from vestibular surgery, finding that the additional disability was a reasonably foreseeable complication of surgery to treat hearing loss.
The deciding factor: The Veteran's vestibular symptoms were found to be a common and expected complication from surgery on the vestibular organs, which is considered a reasonable foreseeability given the informed consent form signed by the Veteran in February 2012.
- Claimed conditions
- Vestibular disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 26, 2019
- Citation
- 19165952
Veterans Law Judge
Decisions by this judge: 2,199 · Granted: 25% (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 19165952.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 10 percent for bilateral hearing loss and service connection for a vestibular disorder due to pre-decisional duty to assist errors.
- Granted
The Board has granted service connection for peripheral neuropathy affecting both lower extremities, a vestibular disorder, and diabetes mellitus, Type II. The Veteran's claim for service connection for diabetes mellitus, Type II is remanded.
- Denied
The Board has denied the Veteran's claim for service connection for a vestibular disorder, dizziness, and fainting as there is no evidence of a current disability arising from an in-service disease or injury.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current vestibular disorder is related to his in-service reports of dizziness and fainting spells. The case will be reviewed by a VA examiner who must consider the Veteran's relevant medical history, including his service records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.