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
- Not verified here — check the original decision
- Decision date
- February 17, 2009
- Citation
- 0905659
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0905659.
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
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- Whole decision: Granted
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