The Board denied compensation under 38 U.S.C. § 1151 for additional disabilities due to VA medical treatment in 1994 and 1995, finding that the Veteran's consent forms indicated informed consent was provided.
The deciding factor: The Board found that the consent forms provided adequate information about the risks of surgery, including the risk of infection which occurred after the surgeries.
- Claimed conditions
- Cervical spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132726
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.
- Partly granted
The Board denied an increased rating for allergic rhinitis and remanded the claims for cervical spine, hip, thigh, and hip extension disorders for further development.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Partly granted
The Board denied an initial rating higher than 10 percent for residual scars from basal cell carcinoma and remanded the claim for service connection for a cervical spine disorder.
- Remanded (sent back)
The Board is remanding the claims for service connection due to a regulatory duty to assist error.
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