The Board found no evidence of additional back disability resulting from the May 1975 laminotomy surgery, and thus denied benefits under 38 U.S.C.A. § 1151 for a back disorder with impotence.,The Board also found that the veteran's reduced lung capacity was a necessary consequence of his January 1993 thoracotomy surgery to remove a tumor, and thus denied benefits under 38 U.S.C.A. § 1151 for a pulmonary disorder.
The deciding factor: The evidence does not show that the veteran incurred additional disability as a result of his May 1975 back surgery or delay of that surgery.,The reduced lung capacity is considered a necessary consequence of the removal of a portion of the veteran's lung during the January 1993 thoracotomy, and thus compensation under 38 U.S.C.A. § 1151 for a pulmonary disorder is barred.
- Claimed conditions
- Back disorder with impotence, Pulmonary disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2007
- Citation
- 0708333
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 0708333.
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- Remanded (sent back)
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- Remanded (sent back)
The Board has remanded the case for further development regarding service connection for a neurological disorder, specifically restless leg syndrome (RLS). The pulmonary disorder claim is denied.
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