Whole decision: Denied

The Veteran's additional disability, including numbness in the lower extremities and muscle spasms of the right calf, is not attributable to VA hospital care or treatment. The Board finds that there was no negligence or fault on the part of VA.

The deciding factor: VA did not provide any negligent or wrongful care during the October 2004 back surgery which caused additional disability.

Claimed conditions: Numbness in the lower extremities, Muscle spasms of the right calf
How they argued it: Not specified
Exposure basis: None
Rating: Not verified here — check the original decision
Decision date: July 21, 2009
Citation: 0927104

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 0927104.

What this means for you

A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.

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: Granted
The Board has granted service connection for fibromyalgia and chronic fatigue syndrome, both of which are considered qualifying chronic disabilities under the provisions of the Persian Gulf War Veterans' Act. The veteran's symptoms have been documented since at least 1993, with diagnoses confirmed by medical records.

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