The Veteran's arachnoiditis disability is found to be due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing treatment. The Board finds that this event was not reasonably foreseeable and thus compensation under 38 U.S.C.A. § 1151 for arachnoiditis is granted.
The deciding factor: The Veteran's post-myelogram headaches were treated as a result of the carelessness, negligence or lack of proper skill on part of VA in furnishing treatment without adequate informed consent and subsequent appropriate medical management.
- Claimed conditions
- arachnoiditis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2015
- Citation
- 1533911
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 1533911.
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.
- Dismissed
Your appeals for service connection and TDIU have been dismissed as the Veteran withdrew his appeals in October 2024.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of any identified back disabilities, including whether they are related to service.
- Remanded (sent back)
The Board has dismissed the appeals regarding the proposed reduction of disability ratings for radiculopathy and degenerative disk disease lumbar spine. The appeal as to service-connection for arachnoiditis is remanded due to inadequate examination.
- Remanded (sent back)
The Veteran's claims for TDIU, increased ratings for lumbar stenosis and arachnoiditis are being remanded due to the need for additional records from SSA and VRE.
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