The Veteran's additional low back disability is not service-connected under 38 U.S.C.A. § 1151 because it was coincidental to his residence at a VA domiciliary and not caused by hospital care, medical or surgical treatment provided by VA.
The deciding factor: VA determined that the additional disability was not proximately caused by VA's provision of hospital care, medical or surgical treatment.
- Claimed conditions
- additional low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2009
- Citation
- 0934075
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0934075.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to an outstanding July 2009 MRI report that was not associated with the claims folder. The VA is required to verify and associate any such records, or provide a memorandum indicating their non-existence.
- Granted
The Veteran has additional low back disability that resulted from VA treatment in November 2009, and the Board finds that this is due to fault on VA's part or a consequence not reasonably foreseeable. Therefore, entitlement to benefits under 38 U.S.C. § 1151 for additional low back disability resulting from VA treatment in November 2009 is granted.
- Denied
The Veteran does not have additional low back disability, to include nerve damage, as a result of VA surgery in August 1991.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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