The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for additional cervical spine disability, which he contends resulted from VA medical treatment provided in June through August 2002. The case has been remanded to obtain a VA examination and opinion regarding whether there was any additional disability resulting from VA carelessness or negligence.
The deciding factor: The veteran's claim is based on the contention that his cervical spine disability was caused by VA medical treatment provided in June through August 2002, which he contends resulted in delayed diagnosis and treatment.
- Claimed conditions
- additional cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2008
- Citation
- 0844218
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 0844218.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran was denied compensation under the provisions of 38 U.S.C. § 1151 for additional cervical spine disability and headaches / constant head pain and numbness / tingling of the right forearm, hand, and fingers as a result of VA right shoulder surgery performed on July 16, 2010.,The Veteran's additional disabilities were not caused by or aggravated by the July 16, 2010 VA right shoulder surgery. The disabilities were due to degenerative changes in the cervical spine and other factors.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C.A. § 1151 and his increased rating claim are being remanded due to the need for additional development, including obtaining VA medical records from North Chicago VAMC.
- Denied
The veteran does not have additional cervical spine disability, nor was there any increase in severity of the pre-existing cervical spine disability, as a result of VA treatment in 1988.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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