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
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
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