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
Veterans Law Judge
Decisions by this judge: 1,810 · 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 19130970.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has granted the Veteran's request to recognize his December 17, 2008 correspondence as a timely and valid Notice of Disagreement (NOD) with the November 2008 rating decision. The underlying compensation claims will be addressed in a separate Board decision under the Legacy appeal system.
- Granted
The Veteran's kidney stones, neck injury, asthma, and right leg or knee disability are all granted. The Veteran is also awarded a 30% rating for his neck injury. However, the claims for service connection for asthma and right leg or right knee disabilities are remanded due to lack of proper development.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors, including failure to obtain VA and private medical records related to his hip conditions, neck injury, and right shoulder injury.
- Remanded (sent back)
The Board has determined that the character of the Appellant's discharge is a bar to VA benefits, and thus did not address his service connection claims. The case is being remanded for the AOJ to obtain missing records related to the special court-martial and complete a new determination on the character of the discharge.
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