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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 23042816.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Dismissed
The Veteran withdrew the appeal related to 1151 benefits for various injuries and disabilities. The Board dismissed the appeal as a result.
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