The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that his T10 ASIA D paraplegia with neurogenic bladder and bowel was not due to VA's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.
The deciding factor: The medical opinions provided by the VA examiners found no evidence of negligence, carelessness, lack of proper skill, error in judgment, or similar instance of fault on the part of VA regarding the Veteran's treatment. The Board concluded that the standard of care was followed and that the Veteran's T10 ASIA D paraplegia with neurogenic bladder and bowel was a reasonably foreseeable consequence of the L-3/4 interlaminar decompression.
- Claimed conditions
- T10 ASIA D paraplegia, neurogenic bladder and bowel
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2019
- Citation
- 19108113
Veterans Law Judge
Decisions by this judge: 1,757 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19108113.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection for residuals of a neurological procedure, including severe paralysis, muscle sparsity, joint contractures, neurogenic bladder and bowel, and intractable pain is granted as the additional disability was not reasonably foreseeable.
- Remanded (sent back)
The Veteran's fungal infection and psoriasis are granted as service-connected. The Board also remanded several issues for further development.
- Denied
The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 was denied as his residuals from an extended spinal epidural abscess were not caused by VA treatment.
- Granted
The veteran's well-grounded claim for nonservice-connected pension benefits is granted, but the RO has not yet determined if he meets the income requirements. The Board also notes that his disabilities are due to willful misconduct and may not be considered in determining eligibility.
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