The Veteran's cervical spine surgery performed at a private facility was not covered by the 38 U.S.C. § 1151, and thus he is denied compensation for additional disability resulting from this procedure.
The deciding factor: The surgery was performed at a private facility and not in a VA facility or under contract with VA, making it ineligible for compensation under 38 U.S.C. § 1151.
- Claimed conditions
- neck condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129656
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.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Partly granted
The Board granted service connection for a back condition, neck condition, bilateral hearing loss, and an acquired psychiatric disorder, to include insomnia disorder. The claims for the remaining conditions were remanded.
- Partly granted
The Board granted service connection for migraine headaches as secondary to the Veteran's asthma with sinusitis, but denied service connection for a low back sprain and plantar fasciitis. The claim for a neck condition was dismissed.
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