The Veteran's paraplegia was not caused by VA care, but the Board finds it is at least as likely as not that the condition occurred during or due to his VA treatment. However, there is no evidence of negligence on VA's part and the event was reasonably foreseeable.
The deciding factor: The postoperative complications were significant and complicated the Veteran's recovery, making it unlikely that any incident during care caused his current disability.
- Claimed conditions
- paraplegia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2012
- Citation
- 1227719
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 1227719.
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.
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The Board has determined that the Veteran's cause of death, including gram negative bacteremia, paraplegia, tracheostomy or intracerebral hemorrhage is related to his service-connected migraine headaches condition. The matter is REMANDED for further action.
- Granted
The Board has granted service connection for paraplegia as secondary to the Veteran's service-connected renal cell carcinoma.
- Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional error regarding where the Veteran resided since June 1, 2017. The AOJ needs to determine this and adjust the benefits accordingly.
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