The Board denied the claim for compensation under 38 U.S.C.A. § 1151 for cervical spine spondylosis, cervical spine arthritis, and/or C-6 radiculopathy, claimed as loss of use of right arm, caused and/or aggravated by an excisional biopsy of the right posterior lymph node at the Greenville VA Medical Center in March 2000.
The deciding factor: The evidence did not show that the veteran's additional disability was caused or aggravated by the excisional biopsy procedure, nor was there any indication of negligence or fault on the part of the VA physician during the procedure.
- Claimed conditions
- cervical spine spondylosis, cervical spine arthritis, C-6 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 13, 2008
- Citation
- 0815728
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0815728.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted the Veteran's claim for service connection for a neck/cervical spine disability, finding that his current condition is at least as likely as not related to active duty service.
- Whole decision: Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran requested to withdraw all of his appeals prior to a decision being made.
- Whole decision: Granted
The Veteran's cervical spine arthritis and bilateral hearing loss are granted. A rating of 40 percent or higher for lumbar contusion with myositis and lumbar spondylosis, TDIU on April 30, 2014, SMC under 38 U.S.C. § 1114(s) on April 30, 2014, and ratings in excess of 10 percent for radiculopathy are granted. The appeal is remanded for further rating determinations.
- Whole decision: Remanded (sent back)
The Veteran's cervical spine disability is being remanded for further development to determine its nature and etiology, including consideration of in-service events and symptoms.
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