The veteran's additional physical disability, including right C5-6 cervical radiculopathy and psychiatric disorder, is not deemed to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA. The Board finds that there was no event not reasonably foreseeable.
The deciding factor: The additional disability is found to be a natural progression of the surgery performed at the Boston VAMC and not due to any fault on the part of VA.
- Claimed conditions
- Right C5-6 cervical radiculopathy, Psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2008
- Citation
- 0817672
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 0817672.
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 of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the claim of entitlement to service connection for erectile dysfunction due to insufficient evidence or further clarification.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA examination and opinion regarding the relationship between the Veteran's current psychiatric condition, including PTSD, and service. The Veteran is also not entitled to a rating or effective date as this matter is being remanded.
- Granted
The Veteran's peripheral neuropathy of the right upper extremity is granted as service connected. The left knee disability and psychiatric disorder are remanded for further development.
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