The Board is remanding the case to determine if the Veteran was given informed consent for medical procedures in December 1994 and February 1995, which may have caused his cervical spine disorder. The claim will be reconsidered based on this new information.
The deciding factor: The VA Medical Center did not obtain formal or informal consent from the Veteran for certain surgical procedures that may have contributed to his current condition.
- Claimed conditions
- cervical spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2010
- Citation
- 1048227
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 1048227.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
- Dismissed
The Veteran's appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Dismissed
The appeal for service connection of a bilateral foot disorder is dismissed. The appeals for service connection of OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, right hip disorder, left hip disorder, and right ankle disorder are remanded.
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