The Board found that the additional disability resulting from the June 2004 cervical spine surgery and follow-up care was not caused by VA fault or a reasonably foreseeable consequence of the surgery, thus denying compensation under 38 U.S.C.A. § 1151.
The deciding factor: The medical evidence did not support the claim that the additional disability was due to VA fault or a reasonably foreseeable event following the June 2004 cervical spine surgery.
- Claimed conditions
- Osteomyelitis, Cervical kyphosis, Neurological deficits, Peripheral vascular disease of the left lower extremity, Diabetic nephropathy with end stage renal failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 10, 2014
- Citation
- 1431065
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. Read the original VA decision (opens in a new tab) using citation 1431065.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has found the eligibility decision for PCAFC to be legally inadequate and remanded for further development, including a new medical determination of the Veteran's need for personal care services and supervision.
- Whole decision: Partly granted
The Board granted a 40 percent rating for peripheral neuropathy of the right and left lower extremities prior to April 21, 2021, but denied ratings in excess of 50 percent for PTSD and 40 percent for peripheral neuropathy since that date.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for an acquired psychiatric disorder, hypertension, and compensation under 38 U.S.C. § 1151 for osteomyelitis to correct pre-decisional duty to assist errors.
- Whole decision: Partly granted
The Board denied earlier effective dates for service connection and higher ratings for various conditions, but granted a 30% rating for neuropathy of the right upper extremity.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.