The Board denied the Veteran's claim for benefits under 38 U.S.C. § 1151 due to lack of causation, as the Veteran's current cervical stenosis and radiculopathy were not caused by VA carelessness or negligence.
The deciding factor: The Veteran's current condition was found to be a known risk of his prior cervical fusion surgery rather than an unforeseeable event.
- Claimed conditions
- Cervical spine stenosis, Radiculopathy in both upper extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2021
- Citation
- 21021658
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 21021658.
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.
- Remanded (sent back)
The Board remands the claim for a neck disorder to obtain an adequate VA medical opinion addressing the nature and etiology of the Veteran's current neck condition, including whether it is related to her military service.
- Remanded (sent back)
The Board has remanded the case due to an error in not considering a secondary service connection theory for the Veteran's cervical spine disability, and also requires further examination to determine if any diagnosed conditions are congenital defects or diseases resulting from injuries during service.
- Granted
The Veteran's cervical spine disability was granted a 30 percent rating prior to April 4, 2023 and denied any higher rating. From April 4, 2023, the Veteran is not entitled to a higher rating than 30 percent. The Board also granted entitlement to TDIU from January 1, 2019.
- Denied
The Board denied service connection for cervical spine stenosis, headache, and left shoulder arthritis as the evidence did not show these conditions were incurred or aggravated during active duty service.
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.