The Board denied compensation under 38 U.S.C. § 1151 for cervical spondylosis with stenosis, claimed as hyperextension of neck due to VA carelessness or negligence. The appellant's right and left upper extremity nerve damage were not found to be related to VA care.
The deciding factor: The Board determined that the additional disability was not caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance on fault
- Claimed conditions
- Cervical spondylosis with stenosis, Right upper extremity nerve damage, Left upper extremity nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2018
- Citation
- 18146228
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 18146228.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for compensation under 38 U.S.C. 1151 related to a heart catheter procedure, right upper extremity nerve damage, and a right upper extremity scar due to a duty-to-assist error.
- Remanded (sent back)
The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical opinions. The TDIU claim is also being remanded.
- Granted
The Board has granted service connection for multiple myeloma, lower back pain and associated nerve damage, and the cause of death due to multiple myeloma. The evidence is at least in equipoise as to whether these conditions are related to service.
- Granted
The reduction of the disability ratings for cervical spondylosis with stenosis and degenerative disc disease, lumbar spine from their respective current levels to lower levels was improper. The original disability ratings were restored.
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.