The veteran's claim for a disability rating in excess of 20 percent for his lumbar spine condition was denied, and the claim for compensation under 38 U.S.C.A. § 1151 for a left shoulder condition was also denied.
The deciding factor: There is no competent medical evidence to support that the veteran's current left shoulder condition is a result of his back surgery performed by VA in October 1970, and there was no fault or negligence on the part of VA during the treatment.
- Claimed conditions
- herniated nucleus pulposus of the lumbar spine, post operative, bilateral fusion L4 to S1, degenerative joint disease of the lumbar spine with residual spinal stenosis at all levels of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903611
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeals for service connection for diabetes mellitus, hemorrhoids, and a bilateral foot disability were dismissed. The Veteran's hypertension, anxiety disorder, lumbar spine disability, left hip disabilities, and TDIU claim did not meet the criteria for higher ratings.
- Remanded (sent back)
The Board has remanded the veteran's claims for additional development due to failure of the veteran to report for scheduled VA examinations.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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