The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a cervical spine, C5-C6, fusion surgery performed by VA in December 2014.
The deciding factor: The evidence did not show that the additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA, or due to an event not reasonably foreseeable.
- Claimed conditions
- cervical spine, C5-C6 fusion surgery
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000542
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.
- Denied
The Board denied service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Granted
The Board granted a 10 percent disability rating for the Veteran's service-connected cervical spine, finding that there was functional loss due to pain causing additional disability beyond that reflected on range of motion measurements.
- Remanded (sent back)
The Board remands the claims for service connection for cervical spine, left elbow, and left foot to correct a duty to assist error that occurred prior to the March 2024 decision on appeal.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine to correct a duty to assist error that occurred prior to the July 2021 rating decision.
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