The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disability resulting from VA cervical spine surgery performed in February 2003. The Board has determined that a new VA medical opinion is needed to assess whether the Veteran's right-sided hemiparesis, myoclonus and electrical shock sensations resulted from VA fault or an unforeseeable event.
The deciding factor: The previous VA opinions did not account for the sequence of events and attributions made by other health care providers. The Board must obtain a new opinion to determine if the Veteran's additional disability was caused by VA fault in performing the surgery or due to an unforeseeable event resulting from the surgery.
- Claimed conditions
- cervical spine myelopathy, right-sided weakness (hemiparesis), involuntary jerking movements (myoclonus), electrical shock sensations (Lhermitte's sign), neck pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2015
- Citation
- 1502818
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 1502818.
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.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for back pain and neck pain, finding no current disability. The claim for Non-Hodgkin's lymphoma is remanded due to inadequate consideration of all potential exposures.,The claim for an acquired psychiatric disability (PTSD) is also remanded due to a lack of development of the Veteran's therapist's records.
- Dismissed
The Board has dismissed the appeals for service connection for various conditions including back pain, flat feet, impaired eyesight, joint pain, neck pain, and sleep apnea.
- Remanded (sent back)
The Board has remanded the claims for service connection due to errors in duty to assist and need for additional medical opinions. The Veteran's pre-existing conditions are being evaluated, as is his current symptoms.
- Remanded (sent back)
The Board has denied service connection for neck pain, right knee pain, and right shoulder pain. The claim for migraine headaches was also denied. The case is remanded for further action on the obstructive sleep apnea claim.
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