The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of use of his left lower extremity due to cervical spine surgeries is denied as the evidence does not support a finding that VA negligence caused or worsened the condition.
The deciding factor: The medical opinions provided by VA did not find any negligence on the part of VA in providing care, and the Veteran's claim for service connection was also denied based on lack of evidence supporting causation.
- Claimed conditions
- loss of use of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2023
- Citation
- 23042816
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 23042816.
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.
- Partly granted
The veteran's claims for service connection for spinal cord injury, loss of use of bladder, and loss of use of bowel were granted. The claims for loss of use of left and right lower extremities were remanded.
- Remanded (sent back)
The Veteran's appeal for special monthly compensation (SMC) benefits related to loss of use of the right and left lower extremities, as well as need for aid and attendance or housebound status, has been remanded due to additional evidence being added to his claims file. The case will be reconsidered by the RO.
- Remanded (sent back)
The Board has decided to remand the case due to a failure to consider whether the Veteran's service-connected disabilities prior to November 28, 2016, may have entitled him to higher-level SMC.
- Dismissed
The Veteran withdrew the appeal related to 1151 benefits for various injuries and disabilities. The Board dismissed the appeal as a result.
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.