The Veteran's claims for left upper extremity neuropathy and left-sided cervicogenic headache pain/neck pain/headaches resulting from a scalene block administered in connection with his shoulder surgery are denied as the evidence does not support that these conditions were proximately caused by VA fault or an unforeseen event.
The deciding factor: The evidence does not establish that the Veteran's neuropathy and headaches were proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during the administration of the scalene block.
- Claimed conditions
- left upper extremity neuropathy, left sided cervicogenic headache pain/neck pain/headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150243
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 19150243.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including SMC based on loss of use of the bilateral upper and lower extremities, as well as rating increases for various neuropathies. The AOJ is instructed to obtain an adequate opinion regarding whether the Veteran's service-connected conditions have manifested with the loss of use of his hands, legs, and feet.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of the left upper extremity is remanded due to inadequate examination and opinion regarding her service-connected disabilities.
- Dismissed
The Veteran's appeal for TDIU, left upper extremity neuropathy, and right shoulder rotator cuff strain has been dismissed.,The Veteran's appeals for a higher rating for left upper extremity neuropathy and right shoulder rotator cuff strain have been dismissed.,The Veteran's appeal for a higher rating for right shoulder rotator cuff strain has been dismissed.,A 20 percent rating is granted for right lower extremity radiculopathy.,A 20 percent rating is granted for left lower extremity radiculopathy.,The 40 percent rating for chronic lumbar strain with degenerative disc disease was reduced to 20 percent, and the reduction has been restored.
- Granted
The Veteran's diabetes mellitus type 2 and associated neuropathy in both upper and lower extremities are granted with a 60 percent disability rating, effective October 21, 2019.
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