The Veteran has been granted compensation under 38 U.S.C. 1151 for degenerative disc disease/degenerative joint disease of the cervical spine due to carelessness, negligence, lack of proper skill, error in judgment or similar fault on the part of VA during a surgical procedure.
The deciding factor: The Veteran's current condition was determined to be caused by an error in judgment on the part of the VA during the February 5, 2007, cervical spine surgery where a device not approved for use in the cervical spine malfunctioned and required emergent surgeries.
- Claimed conditions
- Degenerative disc disease/degenerative joint disease of the cervical spine, Cervical stenosis, Myelopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 28, 2012
- Citation
- 1240487
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 1240487.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 granted an earlier effective date of July 11, 2019 for the grant of service connection for cervical arthritis, stenosis, and myelopathy. The claim for service connection for obstructive sleep apnea (OSA) is denied due to lack of evidence supporting a causal relationship with service-connected conditions or other factors.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions due to inadequate VA opinions and potential duty-to-assist errors. The Veteran's claim for hepatosplenomegaly is denied as there is no evidence of this condition during or near the pendency of his appeal.
- Remanded (sent back)
The Board has remanded the Veteran's claims for cervical stenosis and right hip strain, as well as her claim for TDIU due to pre-existing VA treatment. The AOJ must obtain non-privileged records related to the FTCA claim, provide an independent medical opinion regarding the Veteran's conditions, and ensure proper notice is given for the TDIU claim.
- Remanded (sent back)
The Board has remanded the case due to ambiguity in medical opinions regarding the cause and aggravation of the Veteran's sciatic nerve disability. The new opinion is needed to address whether the May 2009 cervical decompressive laminectomy caused or aggravated any existing right lower extremity disabilities.
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