The Board denied the claim for compensation benefits, pursuant to the provisions of 38 U.S.C.A. § 1151, as there was no evidence that VA's carelessness, negligence, lack of proper skill, error in judgment or fault proximately caused additional disability.
The deciding factor: The only competent opinion addressing whether the March 1999 lumbar fusion and subsequent treatment at a VA medical facility resulted in additional disability due to VA's fault weighed against the claim.
- Claimed conditions
- staphylococcus (staph) infection and residuals, muscle atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911381
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.
- Dismissed
The appeals concerning the issues of entitlement to service connection for various conditions and a higher level of special monthly compensation (SMC) for aid and attendance are dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied the veteran's claim for service connection for muscle atrophy as there is no evidence of a current disability.
- Dismissed
The appeals for service connection and special monthly compensation, as well as total disability rating based on individual unemployability, were dismissed due to the death of the appellant.
- Granted
The Veteran's claims for muscle atrophy, a left leg disorder, and a left knee disorder have been withdrawn.,Service connection has been established for coronary artery disease as secondary to herbicide exposure (Agent Orange).,Service connection has been established for diabetes mellitus as secondary to herbicide exposure (Agent Orange).,Service connection has been established for peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity as secondary to diabetes mellitus.,The Veteran's service-connected conditions include coronary artery disease, diabetes mellitus, and diabetic peripheral neuropathy affecting both upper and lower extremities.
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