The Board denied the appellant's claim for compensation under 38 U.S.C. § 1151 as her cervical spine disability did not result from VA's care, but rather due to its natural progression.
The deciding factor: VA found that the need for a spinal fusion was necessary due to the natural progression of the disability and that any current symptoms are residually related to the surgery.
- Claimed conditions
- neck injury, cervical spinal fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130970
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 service connection for a neck injury, left shoulder injury, and low back injury as the evidence did not support that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Dismissed
The Board dismissed the claims for service connection for flat feet, tinnitus, and a neck injury due to an improper concurrent election of administrative review options.
- Partly granted
The Board granted readjudication of the claims for compensation benefits under 38 U.S.C. § 1151 for a neck injury, back injury, and traumatic brain injury due to new and relevant evidence being received, but denied the claims on their merits.
- Partly granted
The Board granted readjudication of the claims for compensation benefits under 38 U.S.C. § 1151 for a neck injury, back injury, and traumatic brain injury due to new and relevant evidence being received, but denied the claims on their merits.
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