The Board denied compensation benefits under 38 U.S.C. § 1151 for residuals of neck surgery, including paralysis in the right upper extremity and numbness and weakness in the right lower extremity due to lack of fault on VA's part.
The deciding factor: VA found that the Veteran’s additional disability was not caused by carelessness, negligence, or similar instance of fault on the part of VA in furnishing medical care.
- Claimed conditions
- Paralysis of the right upper extremity, Numbness and weakness of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2022
- Citation
- 22006360
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 22006360.
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 has found that the VA did not demonstrate substantial compliance with prior remand directives and has therefore ordered these matters to be remanded again for further development.
- Granted
The Veteran's claim for an increased rating for his right ankle disability and associated numbness and weakness is granted, with a separate 20% rating effective from April 23, 2013. The maximum schedular ratings are assigned.
- Denied
The Veteran's service-connected conditions do not render him unable to secure and follow a substantially gainful occupation as of October 18, 2008.
- Denied
The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on being housebound as he does not have a single service-connected disability rated as 100 percent disabling.
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.