The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for degenerative changes of the cervical spine, with right upper extremity radiculopathy and right shoulder biceps tendonitis as they were not caused by VA hospital care, medical or surgical treatment, or examination.
The deciding factor: The evidence did not show that the Veteran's additional disabilities were proximately caused by his fall during a VA hospitalization in October 2005. The Board found that the Veteran's current conditions were more likely related to other incidents and not due to the fall at the VA facility.
- Claimed conditions
- Degenerative changes of the cervical spine with right upper extremity radiculopathy, Right shoulder biceps tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905659
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
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