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
Veterans Law Judge
Decisions by this judge: 2,451 · 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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board finds that the Veteran does not need a higher level of care without which he would require hospitalization, nursing home care, or other residential institutional care. Therefore, SMC under 38 U.S.C.A. § 1114(r)(2) is denied.
- Remanded (sent back)
The Veteran's death is being reviewed to determine if it was caused by VA care or treatment, and whether the cause of his death was reasonably foreseeable. The case is being remanded for further review.
- Denied
The Board found that the veteran's SLE with axonal neuropathy and neurogenic bowel and bladder was not incurred in or aggravated by his military service, nor may it be presumed to have been incurred therein.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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