The Board found that the veteran's cervical spine disability was not caused by VA negligence or carelessness, and thus compensation under 38 U.S.C.A. § 1151 is denied.
The deciding factor: The intubation procedure performed during the March 1998 left knee arthroscopy did not represent an act of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA, and the veteran's cervical spine disability was a reasonably foreseeable result of the procedure.
- Claimed conditions
- Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2006
- Citation
- 0609479
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.
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The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
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- Dismissed
The appeal for several conditions, including insomnia, hypertension, and various disabilities, was dismissed due to procedural issues.
- Partly granted
The Board denied a rating in excess of 70 percent for PTSD and remanded claims for service connection for left shoulder, right shoulder, bilateral foot, left ankle, right ankle, and cervical spine disabilities.
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