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 assigned
- None in this decision
- Decision date
- May 13, 2008
- Citation
- 0815728
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 appeal for service connection for cervical spine arthritis, lumbar spine arthritis, traumatic brain injury (TBI), seizure disorder, and erectile dysfunction has been dismissed due to the Veteran's death.
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- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Dismissed
The veteran withdrew the appeal for all service connection and increased rating claims, including those related to various conditions such as right foot condition, TMJ, asthma, jawbone condition, sleep apnea, kidney stones, chronic bronchitis, Alpha gal, encephalopathy, left shoulder, left ankle, cervical spine, right hip, tachycardia, loose teeth, and jawbone condition.
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