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 assigned
- None in this 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 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 19161453.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
- 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.
- Partly granted
The Board denied a compensable rating for bilateral hearing loss and remanded the claim for service connection for cervical spine.
- 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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