The Board granted compensation under 38 U.S.C. § 1151 for right upper extremity paralysis and spastic hemiparesis of the right lower extremity, finding that these additional disabilities were not reasonably foreseeable at the time of a February 2008 surgery.
The deciding factor: The Board found that the Veteran's additional disability was caused by the February 2008 surgery and was not reasonably foreseeable, granting compensation under 38 U.S.C. § 1151.
- Claimed conditions
- right upper extremity paralysis, spastic hemiparesis of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- 25007510
Veterans Law Judge
Decisions by this judge: 793 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 25007510.
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.
- Remanded (sent back)
The Board remands the claims for service connection for various neurological conditions, as additional medical evidence is needed to determine if these conditions are related to or aggravated by the Veteran's service-connected lumbar spine disability.
- Dismissed
The Board dismissed the veteran's claims for service connection for left and right upper extremity paralysis, specially adapted housing, special home adaptation, and automobile or other conveyance and adaptive equipment due to a duplicative appeal.
- Granted
The Board has determined that the Veteran's disabilities, including cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, and loss of use of right lower extremity, were caused by carelessness or negligence on the part of VA. As a result, the Veteran is entitled to compensation under 38 U.S.C. § 1151.
- Remanded (sent back)
The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and TDIU due to issues with informed consent and standard of care regarding spinal surgeries, as well as the impact of service-connected disabilities on employment.
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