The Board found that VA did not cause the Veteran's additional cervical spine disability due to carelessness, negligence or similar instance of fault. The Veteran had a pre-existing condition and subsequent treatment by VA led to his current disability.
The deciding factor: VA medical care was not the proximate cause of the Veteran's additional cervical spine disability as it was reasonably foreseeable given his history of degenerative cervical spinal disease.
- Claimed conditions
- Cervical spinal stenosis, Herniated disc (C4-5 level), Myelomalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2011
- Citation
- 1133198
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 1133198.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored a 40 percent disability rating for the Veteran's cervical spine disability, effective March 1, 2021, finding that there was no sustained improvement in the severity of her condition.
- Denied
The Veteran's claim for hepatitis C is denied as the evidence does not support a service connection.,The Veteran's claim for an acquired psychiatric disorder, to include PTSD, is denied as there is no diagnosis of PTSD and the medical records do not indicate its onset in service or relate it to any injury or illness during active duty.,The Veteran's claim for cervical spinal stenosis is denied as there is no evidence showing a current condition related to his military service.,The Veteran's claim for kidney condition, to include hydronephrosis, is denied as the medical records do not indicate that it was caused by an event or illness during active duty and is not secondary to any service-connected disability.
- Denied
The Veteran's cervical spine condition, right upper extremity radiculopathy, and left upper extremity radiculopathy are currently rated at 20 percent, 40 percent, and 30 percent respectively. The Board denied increased ratings for these conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for cervical spinal stenosis and lower, middle, and upper back conditions as secondary to a service-connected left knee condition due to insufficient opinions in VA examinations.
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