The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery, cervical canal stenosis, and cervical spine fusion is granted due to the presence of additional disability caused by VA treatment without proper informed consent.
The deciding factor: VA treatment resulted in additional disability (residuals of cervical spine surgery, cervical canal stenosis, and cervical spine fusion) that did not result from the continuance or natural progress of the disease or injury for which the training, treatment, or hospitalization was authorized. The claim is granted because VA failed to exercise the degree of care expected by a reasonable treatment provider in obtaining informed consent.
- Claimed conditions
- residuals of cervical spine surgery, cervical canal stenosis, cervical spine fusion
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2024
- Citation
- A24077828
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 A24077828.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, warranting a TDIU.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Remanded (sent back)
The Board remands the claims for service connection and TDIU due to unverified periods of active duty for training (ADT) and inactive duty for training (IDT), as well as a lack of complete service treatment records.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine fusion due to missing evidence and an improperly filed initial claim.
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