The Board found that the veteran's current cervical radiculopathy and pain were not caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. Therefore, compensation under 38 U.S.C.A. § 1151 for these conditions was denied.
The deciding factor: The failure of the bone graft to take after the fusion surgery was an undesirable but foreseeable complication and not a reflection of error or negligence on VA's part.
- Claimed conditions
- cervical radiculopathy, pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2006
- Citation
- 0636004
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 0636004.
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.
- Partly granted
The Board granted service connection for cervical radiculopathy as secondary to the Veteran's service-connected cervical spine disability and denied an initial rating in excess of 20 percent for a cervical spine disability.
- Remanded (sent back)
The Board remands the claim for a liver biopsy residuals, to include pain, under 38 USC § 1151 due to deficiencies in the previous VA examination and lack of an associated consent form.
- Remanded (sent back)
The Board remands the claim for additional development, including a new examination to address the nature and etiology of any existing foot disability and whether it is related to service or service-connected disabilities.
- Denied
The Board denied service connection for bilateral sciatica and remanded the claims for cervicalgia and cervical radiculopathy due to a need for additional evidence.
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