The Veteran's balance problems, diagnosed as bilateral vestibular impairment, are due to the overdose of gentamicin/gentamycin administered by VA. The Board found that no informed consent process was documented for this treatment and thus resolved all reasonable doubt in favor of the Veteran.
The deciding factor: The Board found that the lack of an informed consent process regarding the potential effects of gentamicin/gentamycin caused the Veteran's balance problems, warranting compensation under 38 U.S.C. § 1151.
- Claimed conditions
- bilateral vestibular impairment, balance problems
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 12, 2020
- Citation
- 20053513
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 20053513.
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
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