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
Veterans Law Judge
Decisions by this judge: 609 · Granted: 22% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0906510.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has dismissed the appeal as it was improperly docketed due to concurrent reviews of the same issue, and the benefits sought were granted in a previous decision.
- Granted
The Board has granted service connection for quadriparesis and remanded the TDIU claim due to changes in the Veteran's disability status.
- Remanded (sent back)
The Board has remanded the cases due to a need for a medical opinion regarding whether the Veteran's claimed conditions are etiologically related to service, including an in-service motor vehicle accident.
- Denied
The Veteran's only service-connected disability is bilateral hearing loss. The other claimed conditions are not related to his hearing loss and do not meet the criteria for basic eligibility for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only.
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