The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for loss of the ability to walk following a February 2010 cervical spine decompression surgery by VA. The Board finds that a new examination is needed to determine if this loss of function was an additional disability resulting from negligence or carelessness on the part of VA.
The deciding factor: The March 2011 VA examiner did not fully consider the Veteran's lay statements regarding his status both pre- and post-operation, nor did they provide a rationale for their opinion that there was no departure from accepted levels of medical care.
- Claimed conditions
- loss of ability to walk
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2016
- Citation
- 1641642
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 1641642.
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
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