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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0824869.
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 thoracolumbar strain, finding that it began in service and is related to his military service.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.