Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for additional disabilities in his neck and bilateral upper extremities, finding no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The November 2018 VA examiner opined that VA followed the standard of care in performing the surgery and that this was a reasonably foreseeable event. The Veteran's informed consent form noted risks of nerve damage, and he signed it, indicating his acceptance of these risks.
- Claimed conditions
- neck disability, left upper extremity radiculopathy, right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2025
- Citation
- 25001637
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