The Board has determined that the Veteran's cervical spine myelopathy qualifies for compensation under 38 U.S.C.A. § 1151 due to a delay in care caused by VA's decision to have the Veteran first discover what type of metallic hardware was installed in his neck before scheduling an MRI, which likely resulted in additional disability.
The deciding factor: The delay in care and subsequent diagnosis likely caused permanent worsening of the Veteran's cervical spine myelopathy.
- Claimed conditions
- cervical spine myelopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2016
- Citation
- 1640193
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 1640193.
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 Veteran's cervical spine disability is being remanded for further development to determine its nature and etiology, including consideration of in-service events and symptoms.
- Remanded (sent back)
The Board has remanded the Veteran's claim for an additional VA medical opinion to address the nature and etiology of her cervical spine disability, including whether it is related to service or due to her service-connected lumbar spine disability.
- Remanded (sent back)
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.
- Remanded (sent back)
The Veteran's claim for an increased disability evaluation for his cervical spine myelopathy and anterior C5-6 and C6-7 discectomy residuals with fusion is being remanded due to the need for additional development, including obtaining VA medical records and updating the claims file.
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