The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as the evidence did not show that VA carelessness, negligence, or error caused his current lumbar spine disability.,The effective date of a 50 percent rating for service-connected bilateral flat feet was denied as prior to October 3, 2003, there was no factual basis to establish an increase in disability.
The deciding factor: The evidence did not show that the lumbar puncture procedure performed by VA in 1969 caused the Veteran's current low back disability.,There was no evidence of a pre-existing condition or new and material evidence presented prior to October 3, 2003.
- Claimed conditions
- degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 31, 2011
- Citation
- 1103927
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 1103927.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to their death.
- Granted
The Veteran's acquired psychiatric disability, including major depressive disorder, is granted as service connected. The lumbar spine disability is remanded for further examination and opinion.
- Dismissed
The Veteran's appeal for service connection on multiple conditions has been dismissed due to the death of the Veteran.
- Partly granted
The Board granted an earlier effective date for tinnitus to September 23, 2020 and denied service connection for bilateral hearing loss, GERD, hypothyroidism, neck disability, PTSD, acquired psychiatric disorder, degenerative disc disease of the lumbosacral spine, and osteoarthritis.
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