The Veteran's pneumonia and bilateral upper and lower extremity numbness were not caused by VA treatment, nor was it proximately caused by an event not reasonably foreseeable. The Board finds that the preponderance of evidence is against finding that her pneumonia or bilateral upper and lower extremities numbness resulted from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The Veteran's pneumonia was not caused by her cervical fusion surgery. The Board found no evidence indicating a causal link between the July 2011 cervical fusion and the development of pneumonia. Her bilateral upper and lower extremity numbness were present prior to the July 2011 cervical fusion and August 2011 washout, and there is no indication that these conditions were caused by VA treatment.
- Claimed conditions
- Pneumonia, Bilateral upper and lower extremity numbness (status post C2-C7 fusion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2021
- Citation
- 21072237
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 21072237.
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.
- Remanded (sent back)
The Board remands the case to obtain an adequate opinion regarding the Veteran's cause of death, specifically addressing toxic exposures during service and submitted medical literature.
- Remanded (sent back)
The Board remands the claim for a VA examination to address all respiratory disabilities found or shown during the appeal period and to determine their relationship to service, including exposure to toxic or environmental hazards.
- Granted
The Board granted compensation pursuant to 38 U.S.C. § 1151 for the cause of the Veteran's death, resolving reasonable doubt in favor of the appellant.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hearing loss, pneumonia, and a right ankle condition due to a pre-decision duty to assist error.
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.