The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for the cause of the Veteran's death. The appellant presented a theory that the fall from a step in September 1971 was related to the pre-existing spinal cord damage.
The deciding factor: The new evidence includes an affidavit stating the Veteran fell and injured his back, which contributed to his death due to respiratory arrest caused by pneumonia.
- Claimed conditions
- Paraparesis, Foot drop, Compression fracture deformity of bodies of T12, L1, and L2
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 3, 2009
- Citation
- 0912472
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. Search VA.gov for the original decision (opens in a new tab) using citation 0912472.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's nerve injury with foot drop resulting from a right total hip replacement performed at a VA facility in April 2015 is not service-connected under the provisions of 38 U.S.C. § 1151 due to lack of evidence showing carelessness, negligence, or similar instance of fault on the part of VA.
- Whole decision: Denied
The Board denied compensation under 38 U.S.C. § 1151 for a left leg and/or foot disorder, including foot drop and swelling, caused by VA treatment during the Veteran's March 2012 total knee replacement surgery.
- Whole decision: Denied
The Veteran's right foot disorder, including nerve damage and foot drop, is not considered to be caused by VA treatment. Therefore, compensation under 38 U.S.C. § 1151 for a right foot disorder is denied.
- Whole decision: Denied
The Board found that the Veteran's current right ankle disability with foot drop was not incurred in or aggravated during service and denied his claim for service connection.
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