The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because the VA medical treatment in 2005 did not result in additional disability attributable to carelessness, negligence, lack of proper skill, error in judgment or some other incident or fault on the part of the VA.
The deciding factor: The March and June 2006 VA examinations indicated that the Veteran experienced severe low back pain and infection following epidural injections in 2005. The examiner opined that any additional disability was less likely than not reasonably foreseen, due to lack of current residuals from the epidural abscess.
- Claimed conditions
- back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 11, 2010
- Citation
- 1009320
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. Read the original VA decision (opens in a new tab) using citation 1009320.
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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
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