The Board found no evidence of VA negligence or carelessness in the treatment provided to the veteran, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The medical evidence did not support the veteran's assertion that he incurred additional disability as a result of VA treatment, and the VA medical opinion indicated that the care received was appropriate given the nature of the veteran's complaints.
- Claimed conditions
- ruptured right L4-5 intervertebral disc, status post hemilaminectomy and discectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2004
- Citation
- 0433209
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 0433209.
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.
- Granted
The Board has determined that the Veteran's lumbar L4-L5 herniated nucleus pulposus, status post hemilaminectomy and discectomy is related to service. The evidence is in equipoise as to whether this condition began during active duty.
- Granted
The Veteran's service-connected lumbar spine disability has been rated at 10 percent since February 8, 2008. The VA examiner found that the Veteran's functional loss due to pain more closely resembled a limitation of thoracolumbar motion with flexion restricted to less than 60 degrees but more than 30 degrees.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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