The VA denied compensation for the Veteran's cervical spine surgery due to informed consent being present or a reasonable person would have consented, and no negligence on the part of VA. The continued pain and burning nerve pain were known potential complications.
The deciding factor: VA treatment was not negligent or otherwise faulty, and the continued pain and burning nerve pain were reasonably foreseeable risks of the cervical spine surgery.
- Claimed conditions
- Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 8, 2019
- Citation
- 19161453
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19161453.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
- Whole decision: Denied
The Veteran's cervical spine disability is rated at 30 percent, and the Board finds that this rating is not warranted for any period on appeal.
- Whole decision: Partly granted
The Board denied a compensable rating for bilateral hearing loss and remanded the claim for service connection for cervical spine.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for cervical spine, left elbow, and left knee conditions due to errors in obtaining necessary medical opinions and records.
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