The Veteran's cervical laminectomy and subsequent MRSA infection resulted in additional qualifying disabilities, including osteomyelitis and a fracture of C2 spine segment. The Board finds the VA breached its standard of care by failing to provide informed consent for the surgery on C2 vertebrae and did not monitor him closely post-operation, leading to an infection that caused further complications. Compensation is granted for these additional disabilities under 38 U.S.C. § 1151. The Veteran's right upper extremity and bilateral lower extremity weakness are denied as there is no qualifying additional disability or diagnosis.
The deciding factor: The VA breached its standard of care by failing to provide informed consent for the surgery on C2 vertebrae and not monitoring the Veteran closely post-operation, leading to an infection that caused further complications resulting in osteomyelitis and a fracture of C2 spine segment.
- Claimed conditions
- osteomyelitis, fracture of C2 spine segment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 29, 2020
- Citation
- 20050598
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 20050598.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Whole decision: Dismissed
The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.
- Whole decision: Remanded (sent back)
The Veteran's eligibility for VA's PCAFC benefits is being remanded due to insufficient medical opinion supporting the denial of benefits. The Board finds that the Veteran requires personal care services and supervision, meeting the basic medical eligibility criteria under PCAFC.
- Whole decision: Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to a duty to assist error. The Board cannot consider evidence submitted after the July 2024 rating decision, but any relevant VA treatment records from January 2023 to present will be obtained.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.