The Board found no evidence of fault on the part of VA in causing the veteran's loss of use of his right hand due to cervical spine surgery, and thus denied compensation under 38 U.S.C.A. § 1151.
The deciding factor: There was no negligence or carelessness by VA personnel during the veteran's cervical spine surgery, which resulted in a poor outcome that was reasonably foreseeable.
- Claimed conditions
- Loss of use of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2008
- Citation
- 0844153
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 0844153.
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 remands the claims for special monthly compensation due to loss of use of the hands and feet, as the AOJ failed to consider these issues in the Veteran's increased rating claims.
- Partly granted
The Board granted increased ratings for the Veteran's inclusion body myositis, right and left hip limitations of motion, and loss of use of the right hand prior to certain dates, while denying an increased rating for a right hand disability since August 14, 2023.
- Granted
The Veteran is granted special monthly compensation for loss of use of the right hand due to service-connected disability, as no effective function remains in the right hand other than what would be equally well served by an amputation stump with a suitable prosthetic appliance.
- Remanded (sent back)
The Board has remanded the case due to failure to ensure substantial compliance with a previous remand directive. The Veteran's right hand disability needs further evaluation by VA medical professionals.
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