The veteran's increased disability associated with his back and bilateral leg disorders was not a result of carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of VA treatment providers who performed a surgical procedure on the veteran's back in September 2004.
The deciding factor: The evidence did not show that the additional disability was due to an event not reasonably foreseeable and there was no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar fault by VA treatment providers.
- Claimed conditions
- Back disorder, Bilateral leg disorders
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2009
- Citation
- 0902536
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (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 0902536.
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- Remanded (sent back)
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- Granted
The Veteran's service-connected back disorder and acquired psychiatric disorder have prevented him from securing and maintaining substantially gainful employment, leading to a TDIU grant.
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