The Veteran's nerve damage to his back and legs is not considered to be due to VA care, treatment, or examination. The Board finds that the event was not reasonably foreseeable.
The deciding factor: VA hospital care caused the disability as a result of the injection without proper consent from the Veteran.
- Claimed conditions
- nerve damage to the back, numbness of the legs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 27, 2012
- Citation
- 1233813
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 1233813.
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: Remanded (sent back)
The Board has remanded the case for additional development, including scheduling a VA examination and Social and Industrial Survey. The issues of service connection for nerve damage to the back and lower extremities are inextricably intertwined with the claim for an increased rating for low back strain.
- Whole decision: Denied
The Board has denied service connection for postoperative degenerative disc disease (DDD) of the lumbar spine and numbness of the legs, finding that there is no credible evidence linking these conditions to service.
- Whole decision: Dismissed
The Veteran has withdrawn her appeals for the remaining issues, including those related to service connection and evaluations of various disabilities. The appeal is dismissed.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claims for service connection are not properly adjudicated and requires further examination to determine the nature and etiology of her claimed conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.