The Board has granted compensation under 38 U.S.C. § 1151 for the Veteran's spinal cord injury with quadriplegia and neurogenic bowel and bladder, finding that it was caused by VA medical treatment without informed consent.
The deciding factor: The decision found that the complication leading to the Veteran’s quadriplegia was an event not reasonably foreseeable, as well as a failure to inform of a specific risk of quadriplegia. The Board concluded that this constituted both a violation of 38 U.S.C. § 1151(a)(1)(B) and (a)(1)(A).
- Claimed conditions
- Spinal cord injury with quadriplegia, Neurogenic bowel and bladder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180098
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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