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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 18146228.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.