The Veteran's nerve disability is not considered to be due to carelessness, negligence, or lack of proper skill on the part of VA. The Board finds that the complication was a known risk of the procedure and thus does not meet the criteria for compensation under 38 U.S.C. § 1151.
The deciding factor: The nerve injury is considered a known complication of the cervical lymph node biopsy, which occurred as a result of the Veteran's own surgery rather than due to VA carelessness or negligence.
- Claimed conditions
- nerve disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 2, 2009
- Citation
- 0933031
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 0933031.
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
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a nerve disability and an initial rating for post traumatic arthritis of the right ankle. The AOJ is required to provide notice about his right to a hearing under 38 C.F.R. § 3.10.
- Whole decision: Granted
The Board has granted service connection for a back disability, neck disability, and nerve disability. The claims are based on in-service injuries and the Veteran's current diagnoses.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, including obtaining STRs and SPRs for the Veteran's Reserve service, conducting an addendum opinion on the left shoulder disability, and scheduling a VA examination for nerve conditions.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection and initial disability ratings for various conditions, including a nerve disability, duodenal ulcer, GERD with Barrett's esophagus, residual right ankle and right knee scars, left ear hearing loss, post traumatic arthritis of the right ankle, right knee strain, and tinnitus.
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