The Board found that the veteran's cervical spine surgery in December 1988 was not faulty and did not cause additional disability. The veteran does not have any service-connected disabilities, so his claim for a TDIU rating is denied.
The deciding factor: The medical evidence showed that the veteran did well for several years after the 1988 surgery and ultimately underwent another cervical spine surgery in 2000 due to natural progression of cervical disc problems. The VA examiner found no evidence of fault by the VA in the previous surgery.
- Claimed conditions
- Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2008
- Citation
- 0840793
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 0840793.
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.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
- Denied
The Veteran's cervical spine disability is rated at 30 percent, and the Board finds that this rating is not warranted for any period on appeal.
- Partly granted
The Board denied a compensable rating for bilateral hearing loss and remanded the claim for service connection for cervical spine.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for cervical spine, left elbow, and left knee conditions due to errors in obtaining necessary medical opinions and records.
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