The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for pain and swelling in the right hip, migraine headaches, numbness and tingling in the left hand with loss of sensation in the arms and legs, a knot on the right foot, sluggishness and lack of responsiveness, and loss of bowel control was denied due to failure to meet the criteria for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The Veteran's surgeries did not result in additional disability or death as a result of carelessness, negligence, lack of proper skill, error in judgment, or an event not reasonably foreseeable on the part of VA providers.
- Claimed conditions
- Degenerative disc disease of the cervical spine with radiculopathy, Pain and swelling in the right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 20, 2010
- Citation
- 1002967
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. Read the original VA decision (opens in a new tab) using citation 1002967.
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 determined that a remand is necessary to obtain an adequate medical opinion regarding the Veteran's cervical spine disorder and radiculopathy. The case will be returned for further adjudication.
- Whole decision: Granted
The Board has determined that the Veteran's cervical spine disorder is related to his in-service fall, and thus grants service connection for this condition.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and conducting a VA examination to assess the current severity of his cervical spine disability.
- Whole decision: Remanded (sent back)
The Veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need for a new VA examination to assess the current severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.