The Board denied the Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for quadriparesis, to include loss of use of hands and loss of control of bowels, as the proximate cause of the disability was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the surgical treatment.
The deciding factor: The expert medical opinion found that the epidural hematoma, which caused the Veteran's quadriparesis and loss of control of bowels, was a reasonably foreseeable event given her pre-existing conditions and the nature of the surgery.
- Claimed conditions
- quadriparesis, loss of use of hands, loss of control of bowels
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2009
- Citation
- 0906510
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.
- Remanded (sent back)
The Board has ordered a remand for the Veteran's claim of service connection for a neurological disorder, including as due to Agent Orange exposure. The remand is required because the previous VA examination opinion was inadequate and does not provide a reasoned medical explanation connecting the two.
- Remanded (sent back)
The Board remands the claims for a cervical spine disability rating, service connection for quadriparesis, and TDIU due to insufficient evidence.
- Denied
The Board denied service connection for a back disorder, quadriparesis, residuals of facial fractures, multiple sclerosis, and anemia. The initial rating for bilateral hearing loss was also denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.