The Board denied compensation under the provisions of 38 U.S.C.A. § 1151 for chronic cervical spine and low back injury residuals, finding that there was no showing of negligence or fault on the part of VA in the July 2003 motor vehicle accident.
The deciding factor: The Board determined that the veteran's injuries were not caused by VA's failure to exercise proper care, as he was properly secured in the VA van and the driver operated the vehicle lawfully. The mere fact that the veteran was a passenger during a therapeutic outing did not establish causation under section 1151.
- Claimed conditions
- chronic cervical spine disorder, chronic low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2008
- Citation
- 0824869
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 0824869.
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.
- Granted
The Board has granted the Veteran's claim for service connection for thoracolumbar strain, finding that it began in service and is related to his military service.
- Denied
The Board denied service connection for chronic low back disorder and right leg disorder, finding that the current disabilities are not causally related to service.
- Remanded (sent back)
The Board remands the claim for a chronic cervical spine disorder to obtain an addendum VA medical opinion that substantially complies with prior remand directives.
- Denied
The Board denied service connection for various musculoskeletal disorders and granted a total disability rating based on individual unemployability due to the Veteran's service-connected disabilities.
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