The Veteran's spinal fusion surgery caused damage to the phrenic nerve, leading to paralysis of his right diaphragm. The Board found that this was not a foreseeable event and granted compensation under 38 U.S.C. § 1151.
The deciding factor: The phrenic nerve damage during the January 2009 spinal fusion surgery was unforeseeable at the time, as it is described in a case reported only in September 2020.
- Claimed conditions
- Residuals of Spinal Fusion, Paralysis of Right Hemidiaphragm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2023
- Citation
- 23013724
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 23013724.
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
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