The Veteran's cervical spine surgery in 2002 resulted in complications, including nerve damage affecting his neck and upper extremities. The Board has ordered a remand to obtain an independent medical expert opinion regarding the cause of these additional disabilities.
The deciding factor: The Board found that there is insufficient evidence to determine if VA personnel's carelessness or negligence caused the Veteran's additional disability.
- Claimed conditions
- Cervical spine degenerative joint disease, Stenosis, Myelopathy with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143846
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 19143846.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected orthopedic disabilities was granted.
- Dismissed
The Veteran's appeal regarding the rating for GERD with hiatal hernia was dismissed due to his withdrawal. The appeals for PTSD, low back disability, cervical spine degenerative joint disease, left ankle disability, and right ankle disability are remanded.
- Denied
The Veteran's service-connected disabilities do not result in a loss or loss of use other than an upper extremity, and he is not service-connected for a severe burn injury or amyotrophic lateral sclerosis. The Board finds that the Veteran does not meet the criteria for eligibility for specially adapted housing or special home adaptation.
- Remanded (sent back)
The Board has remanded the case due to incomplete development and need for a new VA examination.
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