The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for residual disability due to cervical spine surgery, finding that there was not enough evidence to show that his additional disability resulted from VA carelessness or negligence.
The deciding factor: The medical opinions provided did not find any fault on the part of VA in performing the September 2002 surgical procedure and found that complications associated with the surgery were foreseeable events.
- Claimed conditions
- cervical spine degenerative joint disease, cervical spine stenosis, cervical myelopathy with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- 20065358
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of May 28, 2021 for the award of service connection for multiple conditions including cervical spine stenosis, right and left knee strains, and right and left hip osteoarthritis.
- Granted
The Board granted service connection for cervical spine degenerative joint disease, finding that the Veteran's current condition is related to an in-service injury.
- Denied
The Board denied the Veteran's claims for revision of rating decisions on the basis of clear and unmistakable error, finding no undebatable errors that manifestly changed the outcomes.
- Dismissed
The veteran withdrew her appeals for all the listed conditions and issues, resulting in their dismissal.
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.