The Veteran's appeal was denied as he did not meet the criteria for compensation under Section 1151 due to lack of evidence showing VA carelessness, negligence, or fault in providing hospital care resulting in additional disability.
The deciding factor: VA determined that there was no evidence of VA carelessness, negligence, or fault in providing hospital care resulting in the Veteran's additional disability (erectile dysfunction and bladder incontinence).
- Claimed conditions
- degenerative changes of the lumbar spine, degenerative joint disease of the left knee, urethral constricture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2009
- Citation
- 0948040
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 0948040.
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 Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Remanded (sent back)
The Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities, as well as his right knee scar. The RO must attempt to obtain all available private treatment records from the Tennessee Orthopedic Clinic.
- Granted
The Veteran's claims for service connection have been granted, with the exception of gastrointestinal disability other than umbilical hernia (including irritable bowel syndrome) and back disability. The Board found new evidence relevant to these claims.
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