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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1002967.
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 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.
- 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.
- 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.
- 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.
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