The Board denied compensation under 38 U.S.C. § 1151 for right ear hearing loss due to a colonoscopy performed at the Captain James A. Lovell Federal Health Care Center on November 29, 2007 because there is no evidence that VA's carelessness or negligence caused the Veteran's hearing loss.
The deciding factor: The Board found that the Veteran did not have additional disability due to his 2007 colonoscopy and that his right ear hearing loss was more likely related to a viral labyrinthitis, which occurred weeks after the procedure.
- Claimed conditions
- Right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2023
- Citation
- 23003086
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 23003086.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
- Remanded (sent back)
The Veteran's claims for earlier effective dates for service connection of hypertension and right ear hearing loss were denied. The Board has remanded these issues.,Service connection for hypertension was granted in June 2023 based on the PACT Act, but an earlier effective date is not warranted.
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